MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

July 25, 1995

The Board of County Commissioners of Brevard County, Florida, met in regular session on July 25, 1995, at 9:00 a.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The invocation was given by Reverend Rapp of Hope United Church, Rockledge, Florida.

Chairman Nancy Higgs led the assembly in the Pledge of Allegiance.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Minutes of May 11, 22, 23 and 25, 1995 Special Meetings, May 16, 1995 Regular meeting, and May 22, 1995 Zoning meeting. Motion carried and ordered unanimously.

The Board removed the Contract for Sale and Purchase, Addendum, and Settlement Offer with Steve Vaszary, Trustee, and Roderick and Mary Ann Casavant for the Mathers Bridge Restaurant property, from the Agenda as recommended by the County Attorney.

Commissioner O'Brien removed items III.B.8 and III.D.7. from the Consent Agenda.

Commissioner Cook removed items III.C.3, III.C.5, III.D.9, III.E.3 and III.E.10 from the Consent Agenda.

RE: RESOLUTION COMMENDING FRIENDS' ORGANIZATIONS

Commissioner Scarborough read aloud a resolution commending Friends' organizations for their concern, support, and fund raising activities which have provided furniture, equipment, expanded libraries, and library media for the public and staff at local libraries; and presented the resolution to

Gloria Sommer, President of Meadowlane Public Library Friends and Peggy Marquette, President representing all Library Friends Organizations.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution commending the Friends' organizations. Motion carried and ordered unanimously.

Ms. Sommer and Ms. Marquette thanked the Board for the recognition, and stated they work hard for the libraries but it is a labor of love because they care about books, children and people.

Chairman Higgs stated the libraries depend on the Friends, and expressed the Board's appreciation to them.

Housing and Human Services Assistant Director Jasper Trigg advised in January, 1994, the We Care Program was implemented as a result of a well-defined cooperative and progressive community effort between the Board, HRS Public Health Unit, local hospitals, and Brevard County Medical Society, Inc.; the Program provides increased access to primary health care services for medically indigent patients by utilizing the existence of primary and specialty care provided by voluntary physicians; and Dixie Sansom, Executive Director of Brevard County Medical Society, will give the Board and in-depth overview of the Program and an annual report, and introduce the recognized providers and diligent supporters of the Program who are present.

Executive Director of Brevard County Medical Society Dixie Sansom advised the Board has a copy of the history and summary of the Program, so she will not go into detail about it; however, on behalf of the patients who are receiving care, physicians and hospitals that provide the service, she extends a heartfelt thank you for the $25,000 the Board has allocated for the Program. She stated the Program is a total volunteer program; the physicians and hospitals receive no payment or reimbursement; the funds are used for staffing and to pay pharmaceutical costs; and they are working with pharmacies to try and get that price down. She stated pharmaceutical costs have been over $3,000 in the las four months; physicians, whenever possible, give patients samples; hospitals' pharmaceutical costs are donated; the County, through the allocation to Salvation Army, provides prescriptions for patients which also has kept the cost down; and it would have been higher if it was not for that program and the samples. She introduced Jasper Trigg who is a member of the Advisory Committee, Director of the Health Department Dr. Manuel Garcia, Chairman of the We Care Committee Dr. John Carey, and Dr. Emmett Ferguson, recently retired Medical Director of KSC and President of Brevard County Medical Society. She noted Beverly Howard is the new We care Coordinator.

Commissioner Ellis read aloud the resolution commending the providers of the We Care Program; and presented it to Dr. Ferguson.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolution commending the providers of the We Care Program. Motion carried and ordered unanimously.

President of the Medical Society Dr. Emmett Ferguson thanked the Board for its support and emphasized how important it is, not just financially, but also because of the publicity they need for the Program to insure they have continued support of the volunteers who make the Program go. He stated they have more than 200 physicians who volunteer their services to take care of people identified as being eligible for care under the Program; a pleasant addition is Beverly Howard; and they are looking forward to good things. He stated positive publicity of the Program ensures volunteers get credit for the services they provide; and thanked the Board for the Resolution.

Chairman Higgs thanked the participants in the We Care Program, noting how important it is to have volunteers serving people and government able to leverage funds with private efforts.

Commissioner O'Brien read aloud a resolution commending the Space Coast Private Industry Council, Inc. and the graduates of the JTPA Program for overcoming the barriers that they faced to become productive members of the job force; and presented the Resolution to Mr. Robinson.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution commending Space Coast Private Industry Council, and recognizing graduates of the JTPA Program. Motion carried and ordered unanimously.

Mr. Robinson advised they have done a lot over the last year and have new things as they approach the new program year; they exceeded their standards and now have new technology, a one-stop center for jobs and benefits, BCC consumer credit, etc.; and they will b able to teach people employability skills to better serve the County and get as many people as possible into the workforce. He stated they are excited about all the things facing them in the new program year, but not about the dislocated workers; they are here to assist those people as much as possible to start new lives or continue their lives as productive residents of Brevard County; and on behalf of Don Noren and the Brevard Workforce Development Board, he wants to thank the Board for the recognition, and hopes their partnership will continue. He stated they are ready to do whatever they are tasked to do to make it a productive and rewarding relationship.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution renaming part of Delespine Road, between U.S. 1 and Amor Drive, as LaFair Street. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution naming a 50-foot wide road right-of-way located in Section 7, Township 25S., Range 37E. as Duane Place.

Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution naming two rights-of-way in Section 27, Township 23S., Range 36E. as Saint Luke's Road and Church Road. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution renaming a portion of Sun Gazer Drive as Irongate Drive in Section 34, Township 25S., Range 36E. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution renaming part of Turtlemound Road as Interlachen Road in Sections 14 and 23, Township 26S., Range 36E. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Contract with Suntree Partners, guaranteeing sidewalk improvements in Mandarin Lakes-Suntree North. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Escrow Agreement with Aquarina Developments, Inc. for infrastructure improvements in Aquarina II PUD - The Marlin. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Contract with Suntree Partners, guaranteeing infrastructure improvements in Emerald Pointe-Suntree North. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Contract with Suntree Partners, guaranteeing sidewalk improvements in Sabal Palm Estates-Suntree North. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant final plat approval for Sunrise Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining necessary jurisdictional permits; and execute Contract and Escrow Agreement with Weston Real Estate Investment Corporation for infrastructure and sidewalk improvements in Sunrise Subdivision. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant final plat approval for Still Point Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining necessary jurisdictional permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution releasing Contract with South Island Properties, Inc. for improvements in Woods at Iroquois Subdivision so that the performance bond can be released, as the developer has provided a maintenance bond. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve annual certification of Local Option Gas Tax formula, and authorize Finance Director to submit the allocations to the Florida Department of Revenue prior to August 15, 1995. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize advertising a public hearing for August 22, 1995, to consider an ordinance allowing financial hardship as a condition for requesting variances. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize advertising public hearings for October 5 and 19, 1995 to consider an ordinance permitting permanent security mobile homes in BU-1 and BU-2 zoning classifications under certain circumstances. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Easement Agreement with McDonald's Corporation for installation of a sanitary sewer line across its property to serve Rotary Riverfront Park in Titusville. Motion carried and ordered unanimously.

TEMPORARY CONSTRUCTION EASEMENT FOR DAIRY ROAD SOUTH

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Use Agreement with the Board of Trustees of The Internal Improvement Trust Fund, Division of State Lands, Florida Department of Environmental Protection for a temporary construction easement for Dairy Road South Widening Project. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Change Order No. 1 to Agreement with William Turnbaugh, Inc. for Parkway Drive Bikepath, Phase II project, decreasing the contract price by $200 and contract time by 20 days; and approve final payment to the contractor of $40,485.50. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Contract for Sale and Purchase and Addendum with Discount Auto Parts, Inc. for right-of-way and temporary construction easement for Malabar Road Widening Project, Phase I, at $137,000, 8% above the appraised value. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize the County Manager to execute Certifications for the Comprehensive Grant Program Budget of The Housing Authority of Brevard County, providing funds to the Public Housing Authority for use in ongoing rehabilitation of public housing units and administrative costs. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Memorandum of Negotiation, Standard Contract, and Rate Contract, with Florida Department of Health and Rehabilitative Services (HRS) for After School Activities Program; and authorize the Chairman to

execute any follow-up amendments and amendments to the Budget, subject to review and approval by the County Attorney. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve hiring two Animal Control Officers and one Animal Control Dispatcher to sufficiently staff the Animal Control Section and respond to requests. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Grant Agreement and Amendment No. 1 with Florida Department of State, Division of Library and Information Services, for Access Express Grant of $76,271 to be spent by September 1, 1996; and approve Budget Change Request amending FY 1995 budget to reflect the grant and Material Requisition for equipment for the Talking Books Library. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve standardization of Golf Course concession contracts, and execute Amendments to Extend Existing Agreements with Putters-In, Birdies & Eagles Enterprises, and Albert W. Koether, to April 1, 1996 to operate concessions at Savannahs at Sykes Creek, Habitat at Valkaria, and Spessard Holland Golf Courses. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Amendment

to Agreement with Florida Department of Agriculture and Consumer Services, Division of Forestry, for the 1994 Small Business Administration Tree Planting Program Grant of $15,000 for Paradise

Beach Park, extending date from August 1, 1995 to February 1, 1996. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Certification for Eligibility to Receive Base Grant funding of $71,924 for Emergency Management Preparedness and Assistance Program, to employ and maintain a full-time Emergency Management Director. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Amendment No. 1 to Agreement with Florida Department of Environmental Protection for the derelict vessel removal grant of $34,850; and grant permission to bid and award to the low bidder, removal services for derelict vessels. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Change Order No. 7 to Agreement with Butler Construction Company, for North Brevard Water Treatment Plant Expansion, increasing contract price by 1,159.69 for alternate design, pipe lengths and fittings, and time by 61 days. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Assignment of Option to Purchase from The Nature Conservancy to Brevard County for the Fedd Investments, Inc. property in Valkaria within the Scrub Jay Refuge CARL Project. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to amend the Manatee Protection Plan Education Ad-Hoc Committee, adding Doug Jaren, Ira Bickham, Keith DeMott, and Mitch Needleman representing Florida Marine Patrol, and removing Kathy Whaley, Jamie Serino, Carol Robitschek and Scott Danielson; and to amend the Management Ad-Hoc Committee to add Stephen Peffer, replacing Lisa Barr. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the revised 1995 Board Meeting Schedule, adding a closed executive session to review worker's compensation claim of James Greene on July 27, 1995 immediately following the Budget Workshop. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to acknowledge receipt of the Viera East Community Development District's FY 1995-96 proposed budget, pursuant to Florida Statutes 190.008(2)(b). Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to acknowledge receipt of Baytree Community Development District's FY 1995-96 proposed budget, pursuant to Florida Statutes 190.008(2)(b). Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to award Bid #b-2-5-83, Mix-in Place Road Recycling Countywide, to low bidder Martin Paving Company at various prices. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Change Order No. 5 to Agreement with Brown & Root Building Company, for Harry T. and Harriette V. Moore Justice Center, providing for owner direct purchases, reducing contract price by $445,527.96; and

authorize transfer of those funds to the direct purchase account. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize staff to contract for correction of the deficiencies in the stairs at Space Coast Stadium. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Budget Change Requests amending budgets for pay increases for Constitutional Officers. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve revised precinct boundaries for Precincts 5, 38, 39, 65, 79, 81, 104, 120, 134, 137, and 145 due to annexations by City of Melbourne, Precincts 29, 42, 43, 48 and 90, due to annexations by City of West Melbourne, and Precincts 1, 20, 72, 74, and 75, due to annexations by the City of Titusville. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Renewal Agreement with Brevard County Property Appraiser for uniform method of levying and collecting non-ad valorem assessments retroactive to May 4, 1995 and expiring May 15, 1997. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Renewal Agreement with Brevard County Tax Collector for uniform method of levying and collecting non-ad

valorem assessments, retroactive to May 4, 1995 and expiring May 15, 1997. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Office of the State Courts Administrator for Grant-in-aid funds of $26,340.74 to support delivery of court reporting services at public expense for State Fiscal Year 1995-96. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Budget Change Request granting tentative approval of a budget supplement for the Sheriff's General Fund, recognizing $59,839 in earned revenue and appropriating the funds for capital expenditures for FY 1995. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Budget Change Request transferring funds from the Detention Center Operating to Detention Center Capital of $48,938 for radios and $11,000 for monitors and printers. Motion carried and ordered unanimously.

Chairman Higgs called for the public hearing to consider an ordinance amending Ordinance No. 90-30 regarding Emergency Medical Services assessment billing and collections.

Assistant County Manager for Community Services Joan Madden advised staff had several meetings with Harbor City Volunteers and City of Palm Bay; at 8:30 this morning they received a lengthy communication from one of their legal representatives; staff has not had time to totally review it and put it before the Board; so they are requesting continuation of the public hearing until August 15, 1995.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to continue the public hearing to consider an ordinance amending Ordinance No. 90-30, Emergency Medical Services Assessment Billing and Collections, until August 15, 1995. Motion carried and ordered unanimously.

County Manager Tom Jenkins advised the recommendations of the Panel were divided into three groups; Group I includes things that staff is already implementing and did not require Board action; Group II requires Board discussion and direction; and the Group III includes things to submit to the Legislature. He stated the Board may want to address Group III when it considers the Legislative Package, and only address those items in Group II today.

Commissioner O'Brien advised Mr. Martin's minority report was not addressed in the recommendations; he felt a number of job classifications should be reduced, and present job classifications should be replaced by customized agreements with each employee written to specifically describe the duties and responsibilities; that part of his paper would tie the hands of management with a detailed job description; but reducing job classifications is a good idea.

Commissioner Cook advised Mr. Young had some comments, and Mr. Martin is not here; he is not prepared to act on anything today; and it would be better to defer it.

Chairman Higgs advised when the Board first received the report, it was deferred until today; so if people want to talk , the Board should take some action; with Commissioner Cook responding he would prefer to defer it because the Panel members should be present so he can ask them what they meant by some of the suggestions, and give them the opportunity to explain that.

Mr. Jenkins advised the job description issue was underway prior to the Panel being established; it is 75% complete; they are proposing to go from over 300 job descriptions to about 30; so they are dramatically consolidating jobs. He stated the Panel consisted of six members; most of the members made their suggestions to the full Panel; the full Panel debated the suggestions and voted on each suggestion; and that is what the Board has in the 29 recommendations. He stated in addition, some individual members of the Panel opted to provide personal recommendations which were not reflective of the full Panel; Mr. Young and Mr. Nelson provided copies and proposed most of their ideas to the Panel; but Mr. Martin never did propose any of his recommendations at the Panel meets, and simply issued a paper after the meetings were conducted; so what is presented to the Board are the 29 recommendations discussed and voted on by the Panel.

Commissioner O'Brien stated Mr. Martin said the County Manager prepared and submitted his growth in government study panel final report to the Committee at its las meeting which was unexpected; the majority of the Committee was not expected to file a report at that time; and it contained substantial information previously unavailable to the Committee. He stated Mr. Martin said a lot of employees were afraid to speak up; he appreciates Mr. Martin and trusts him very much; his

intention with words is being fair to all sides; he is trying to point out things; and nobody is listening that perhaps information was withheld from the Committee.

Mr. Jenkins advised Mr. Martin raised none of those issues in the public sessions; he had every opportunity to raise any of those issues and did not; and it was discussed and agreed at the public meeting that he and Mr. Nelson would draft reports and the Committee would review both reports.

He stated the Committee voted on the report submitted; there is not substance to Mr. Martin's allegations; and those are the typical type of allegations they consistently heard from Mr. Martin.

Commissioner Scarborough advised the Board needs to take the big items and workshop them to be better prepared, rather than embrace all the goals at once.

Commissioner Ellis stated reduction in job classifications has been an ongoing process; and that is what industry has been doing to eliminate a lot of classifications. He stated he would like to look at some items in II and III such as the local level of community planning; and before going to a referendum on the jail, it should look at 11-26 which gives other options. He inquired if the Board should do it at a night meeting or workshop, or take action today.

Chairman Higgs advised there are individual items each Commissioner may want to pull and discuss further; and they should be a part of new business at a future meeting.

Commissioner O'Brien recommended a workshop in October to go over Mr. Jenkins' report and Mr. Martin's report, as there are ideas that are not in Mr. Jenkins' report, such as establishment of a whistle blowers program, eliminating all but one personnel file, reconsolidation of Emergency Management staff to the Emergency Operations Center, physically reassigning battalion chiefs to their operational posts, and any legal initiative that could place the Board an public in a liability situation. He stated Mr. Martin also recommended the Board direct the County Attorney to establish guidelines for his office consistent with the concept of client privilege that would resist proceeding with any legal initiative at the direction of one Board member without first informing and receiving direction from the entire Board. Commissioner O'Brien advised Mr. Martin has some ideas that perhaps were not brought out publicly, but that does not mean they are bad ideas.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to acknowledge receipt of recommendations from the Growth in Government Study Panel, and direct a workshop be scheduled in October, 1995, to discuss the recommendations, including Pat Martin's report.

Mr. Jenkins suggested the Board be sensitive to the fact that some of the recommendations deal with operational issues which fall under the purview of the Public Safety Director; and those decisions have been made by the Director.

Chairman Higgs advised she has no problem discussing any of the items in any report; but a more effective mechanism for doing that is to agenda individual items for discussion which would give the Board time to focus on each item rather than a sweeping attempt to deal with all the very complicated issues. She stated a workshop to deal with the entire pot would be ineffective in coming up with resolutions on individual items; so she will not support the motion to have a workshop.

Commissioner Scarborough advised when the Board discusses certain items like the jail or EDC, there is a specific group of people who come in; and it has started dialogues in some of those areas. He stated it would be better for each Commissioner to bring up items he or she is interested in an put those on the agenda. He stated the Board could move those items to individual workshops where appropriate people will be there; otherwise everyone will be confused on where the Board is going; so he will not support the motion.

Commissioner Ellis stated he does not care how it is done as long as the Board gets to those issues. Chairman Higgs stated she has no problem getting to the issues. Commissioner Cook stated the format does not bother him; if Commissioner O'Brien wants a workshop he has no problem with that; or the Board could do it at a night meeting; but it has to look at all those things and have open discussion. He stated there is nothing to fear taking anybody's comments; and if they are critical of the County, that is the way it is; so he will support taking the whole thing at a night meeting or workshop. Chairman Higgs stated she has no fear dealing with any issues or anyone's report, but to try and bring together the information needed to do a good job on each of the issues will take considerable effort and focus; and to talk about future school sites, retirement system, County Attorney's fees, property owner's interpretations, ordinances, duties of Constitutional Officers, and the jail in one sitting would be totally ineffective. She stated the Board would not be able to bring a focus that ends in a direction; and it would be more effective to agenda the individual items and deal with them on an individual basis.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioners Scarborough, and Higgs voted nay.

Dale Hathaway, 2200 Hamlet Drive, Melbourne, advised he may have a comment, but would want to hear what Ms. Busacca has to say first.

Assistant Growth Management Director Peggy Busacca advised the Board directed staff to come back with options for "elevating the status for pre-existing use"; staff came back with several options; and those are outlined on the Agenda Report. She stated Option 1, the amendments to the reference in the Zoning Code, staff is suggesting one possible way is to separate it from non-conforming use; and Options 1A and B do that. She stated Option 1A makes pre-existing use as a permitted use with conditions in all zoning categories; the additional portion of that suggestion is if the Board wanted to see administrative expansions greater than 15%, that could be considered a conditional use permit; and Option 1B is to change the way pre-existing uses are shown in the Zoning Code, from Division II to Division III. She advised Option 2 includes actual amendments to the provisions of pre-existing use; currently pre-existing uses may expand up to 15% administratively; and one option that could be considered is to change those provisions to allow further expansion as part of the existing regulations. Ms. Busacca advised Option 3 is a long-term solution to the problem of existing land uses which are inconsistent with the Future Land Use Map; staff is asking for direction to designate existing land uses as consistent with the Future Land Use Map; they have not fully pursued this option and do not know exactly how it will work and all the specifics, but the long-term solution is to state that existing land uses are consistent with the Future Land Use Map, so the only type of concern they would haven with Future Land Use would be with vacant property. She stated those options are not mutually exclusive; and the Board could pick one from any option, do three changes, or do none at all.

Gary Coppola, 7035 South A1A, Melbourne Beach, advised for the pas six years he has attended meetings and worked with County officials and staff in goof faith to try and overcome some of the problems that have been caused by previous Administrations' decisions on how they envision the future land use in the South Beaches; it has caused a lot of frustration and grief because their properties were devalued by the change in the Ordinance; and they have been treated unequally compared with other property owners in the County. He stated each attempt that has been tried to circumvent in some way or put back some of their rights has fallen short for some reason or another; maybe it is difficult to fix something that is designed improperly from the beginning; and previous Administrations have turned a deaf ear to their needs. Mr. Coppola gave a scenario of a doctor who mis-diagnosed a patient and caused that patient pain and suffering, and instead of operating to correct the problem, gave the patient pain pills, similar to what they are experiencing. He stated the Board has the power to fix the problem; they have not been able to use their properties to their fullest capabilities over the past six years; and during that time he has watched Shooters being built, a complex that is larger than all of the South Beaches businesses put together; Conchy Joe put up a mansion; Ron Jon built a castle; and Radisson built a new lounge all on the beach side but not in the South Beaches; and inquired why they are being treated like lesser citizens than other commercial property owners in the County and what have they done to be treated so unjustly. He advised he has paid over $120,000 in property taxes, $250,000 in sales tax, $150,000 in sin tax, and many thousands more in employer contributions, workers' compensation, state and County fees, assessments, and licenses; he has contributed financially and aesthetically to the community; yet he is treated unequally compared to other business property owners in the same County. He stated the Constitution of the United States grants and guarantees certain rights to all citizens; and the rights of the South Beach businesses are not being respected; they are not being treated equally; and the few should not bear the cost of many.

Chairman Higgs advised Mr. Coppola to wrap up his comments, as his time has expired. Mr. Coppola stated this happened to him the last time he came to speak; he has 2.2 million dollars wrapped up in the property; and requested more than three minutes. Chairman Higgs advised Mr. Coppola was given five minutes; and requested a motion to allow him more time.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to allow Mr. Coppola additional time for his comments. Motion carried and ordered unanimously.

Mr. Coppola apologized for taking too much time, and stated he was trying to point out something that is important; he has not heard good reasons why the South Beaches people should be singled out and stripped of some of their rights when other commercial properties have retained their original zoning in the South Beaches; the businesses that lost their zoning have been arbitrarily persecuted; and if it is the Board's goal to preserve the South Beaches for the wildlife, he suggests it continue to purchase vacant land as it has been doing. He stated if it is the Board's intention to make the South Beaches all residential and a bedroom community, then the County should buy all their properties and pay the price that will allow them to purchase similar beachfront property elsewhere where arbitrary or personal interest decisions and unfair ordinances will not unjustly limit their ability to operate and expand their enterprises. He requested the Board return their original rights to their properties by making them mixed use in the present and future land use maps.

Dale Hathaway advised he owns beach townhomes in the South Beaches zoned RA-2-6 with cap of four units; he came to the zoning because the Board asked him to accept that zoning; at one time he went for professional zoning and was turned down; and at that time Commissioner Deratany asked him if he would accept RA-2-6 with cap of 4. He stated he has a letter from Mr. Jenkins suggesting the County should do something in that area because he had three lots facing A1A and could build three houses there with three driveways going into A1A; there is already one house going into A1A on the west side of the road; and on the east side there is one block right after the other with more driveways going into A1A; and Mr. Jenkins' reasoning was it would cause a problem there. Mr. Hathaway advised since he owns property on Malabar Boulevard, he was asked to turn his building around and face Malabar Boulevard so he would not bring any driveways on A1A; and he has that letter and will give the Board a copy. He stated it is unfair for the County to ask him to do something which he did as a favor to the County and then take it from him; he has four townhouses there and it is unjust to take his zoning from him now.

Chairman Higgs inquired if they are existing townhouses; with Mr. Hathaway responding yes, they have been there since 1987 or 1988.

Commissioner Scarborough inquired what option would respond to Mr. Hathaway's problem most effectively; with Ms. Busacca responding she has spoken to Mr. Hathaway; the property he is talking about is under consideration for down zoning this month based on the South Beaches administrative rezonings; and if the Board adopts a policy or directs staff to go forward and develop some policy to make existing land uses consistent with the Future Land Use Map, then staff would also ask the Board to reconsider any further administrative rezonings of existing uses and focus administrative rezonings on vacant properties, so that they do not administratively rezone land like Mr. Hathaway's and make the use non-conforming, and come back in a year or two and change the Board's policy, then go back and undo that.

Commissioner Cook inquired how many years has the County been down zoning the South Beaches; he can remember it started in 1982 or 1984; and every year the policy has changed and people who had their properties already down zoned got down zoned again; and the only fair thing is to make it consistent with the Future Land Use Map. Ms. Busacca advised there have been two down zonings in the South Beaches over ten years. Commissioner Cook stated one was very significant in the 1980's.

Chairman Higgs advised she has no problem considering 1B and 3B and directing staff to move forward on those; that would be the short-term fix removing the pre-existing use from non-conforming; and she has to see additional details on the existing land use map and future land use map, and maybe do the long-term issues later.

Commissioner Ellis inquired about 1A and 3A; with Chairman Higgs responding she thought 3A and B go together and if they adopt separate future and current land use maps, that would come in with the existing consistency issue in 3A; so she has no problem with 3A. Ms. Busacca advised she cannot suggest whether 3A or 3B is better; but they can in some way make future land use not so onerous to existing uses. Chairman Higgs stated she is not sure how to distinguish between 3A and B; if the Board solves 3A and B, it would not have to do 1A and B, but 1A and B is moving the pre-existing out of non-conforming; and she has no problem with that. She stated the Board is already moving on pre-existing with some amendments.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve Options 3A and B; and direct staff to come back to the Board for final approval. Motion carried and ordered unanimously.

Chairman Higgs inquired if the Board has to do 1A and B if it approves 3A and B; with Ms. Busacca responding they cannot accomplish 3A as quickly as 1A and 1B because it will require a Comprehensive Plan amendment.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Options 1A and B, and direct staff to come back to the Board for final approval.

Commissioner Ellis inquired if 1A and B affect the 15% rule; with Ms. Busacca responding no, but she cannot do 1A and B, and needs to do one or the other. Commissioner Ellis inquired if 1A is approved, could the 15% be amended when it comes back; with Ms. Busacca responding yes. She stated staff is suggesting the administrative expansion be permitted use with conditions and any expansion above administrative be conditional use permit and require a public hearing before the Board. Chairman Higgs inquired if it would take it out of non-conforming and into CUP; with Ms. Busacca responding yes. She stated 1B also provides an opportunity to look at the provisions for expansions; and 1A provides a mechanism for anything above the administrative expansion come to the Board in public hearing.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to amend the motion and approve Option 1A, and direct staff to come back to the Board for final approval. Motion carried and ordered unanimously.

Assistant County Manager for Community Services Joan Madden advised on July 11, 1995, the Board directed staff to get additional information from the Health and Safety Officer regarding asbestos in A&A Plaza; the report from Professional Services Industries, Inc. which did the original asbestos survey was given to the Board; and Mr. Forsberg is present to answer any questions.

Health and Safety Officer Les Forsberg advised after review of the PSI report and personal observations of the wall structure, overhang, roof structure, interior ceilings, etc., staff determined they were either negative for asbestos or the type of construction was typically non-asbestos; the only asbestos they were able to find was in the floor tiles in Units B, C, D, F, G, and I; and he cannot determine whether Unit E was assessed or not. He stated they found slight damage to asbestos floor tiles; and the overall recommendation would be to remove the damaged floor tiles utilizing EPA guidelines prior to renovation.

Commissioner O'Brien advised the Board has spent money on a study of the building; it is going to tear down the building in less than two years; persons allowed to rent will not want to leave when it is time to tear down the building because they would have no place to go; and the County will be operating storefronts to replace the displaced people it allows into the building. He stated the building should have been boarded up and not a dime spent on it.

Cardell Randle, 615 Kurek Court, Merritt Island, representing the Brevard County Housing Authority, advised the Housing Authority is interested in the A&A Plaza; he understands the building will be razed in a few short years after the last current renter's contract is completed; but they want to utilize the center for the time before it is razed. He stated they have a program called Community Commons, in partnership with Brevard Community College, Department of Labor, and Brevard County School Board; in their developments, illiteracy is a major problem; most of the residents are on a Ninth Grade reading level, thus they are unemployable; and they have no other options. He stated the Community Commons Program in Cocoa is a National Merit Award winner; they had at least 75 graduates for the GED Program, homemaking skills, ABE training employability skills, parenting courses, etc.; and it is a one-stop center for educational diversity for the residents. Mr. Randle advised they are proposing to utilize the building as the center; they understand it will be razed, but are looking for a jump off point in the City of Melbourne to bring the Program to the community; they are searching for other areas in which to bring the Program; and decided A&A Plaza is closer to the developments and low income areas on East University. He requested the Board allow them to rent a unit for a period no longer than when the County will raze the building, and they will be out of there and into a new location before it is razed.

Commissioner O'Brien inquired if they teach courses in home economics and nutrition and if they are funded by the Department of Agriculture and University of Florida; with Mr. Randle responding they teach home economics and nutrition but are not funded by Department of Agriculture; however, they have used some of the teachers to teach home economics and homemaking skills.

Commissioner Cook inquired if they are funded by HUD; with Mr. Randle responding yes, the Community Commons Program is supported by the Department of Labor; the Authority provided the unit and property; and they have rental money to help get the miscellaneous items to continue the program. Commissioner O'Brien inquired if the School Board would allow them to use the Junior High School directly across the street from A&A Plaza; with Commissioner Ellis responding they would not be able to use it during the day. Mr. Randle advised the Program is from 8:00 a.m. to 5:00 p.m. Commissioner O'Brien inquired where would they go when the building is razed; with Mr. Randle responding they will be searching for a permanent home. Commissioner O'Brien inquired if they are asked to leave before they find a permanent home, what will they do; with Mr. Randle responding they will be prepared to go and will be pursuing other aspects. He noted it took four to five months for one person to try the center; so they are looking for a temporary home understanding it will be razed and they would have to leave.

Commissioner Ellis stated Option 3 makes sense; everyone will understand it is on a month-to-month basis and when the time is up, the building will come down; and they will pay rent to maintain the outside of the building. Commissioner Cook advised his concern is the asbestos floor tiles, and if the units are rented, people could tear up the tiles and the County would incur a liability. Commissioner Ellis stated asbestos is a scam; when the County tears the building down, it will have to remove the asbestos first; so it can take it out now or later.

Chairman Higgs advised the unit the Authority looked at is carpeted and the asbestos is covered. Commissioner Ellis advised the Board could require whoever moves in to put carpet over the tiles. Mr. Forsberg advised even in the units with carpet they found damaged floor tiles. Commissioner Cook reiterated his concern about the exposure to liability by renting units knowing there is asbestos in the floor tiles; and stated the County would have to take it out and abate the problem prior to allowing people to move in.

Commissioner O'Brien advised the County spent $14,000 for the police substation in the building; and within four to six months Social Services will come back needing funds to repair the toilet, repair holes in the floor, and an elevator because they cannot get wheelchairs upstairs. Chairman Higgs stated there is no second floor. Commissioner Ellis stated it is better to put people in the building than to board it up.

Commissioner Cook inquired if the tiles would have to come out before the building is destroyed; with Mr. Forsberg responding yes. Commissioner Cook stated he supports Option 3 provided the abatement is done prior to renting the units, and maybe the County can recover some of the cost by renting at fair market value.

Chairman Higgs advised Option 3 says to rent to profit or non-profit businesses or organizations on a month-to-month basis at fair market value and they would pay their own utilities and insurance and take it in "as is" condition.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve Option 3, rent out the remaining units "as is" to profit and non-profit businesses and organizations on a month-to-month basis at fair market value, determined by the amount of rent paid by current tenants, and tenants pay their own utilities and provide their own insurance. Motion carried and ordered; Commissioner O'Brien voted nay.

Commissioner Scarborough inquired if the additional expense will be absorbed in department budgets; with County Manager Tom Jenkins responding the expenditure is grouped with other similar expenditures; and it would be a significant manual task to break out the mileage from the other expenses for local travel, conferences, etc.; so it is difficult to give a precise number. Commissioner Scarborough stated the Board needs to know what portion is in mileage, what is in seminars, etc.

Commissioner Cook inquired if it is what the State allows for mileage; with Mr. Jenkins responding yes, but it is below what the IRS allows. Commissioner Cook stated he can support it.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to increase mileage from $ .25 to $ .29 to maintain consistency with State mileage reimbursement and authorize staff to amend necessary documents. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct the County Manager to separate the mileage, tolls, parking, etc. incidental to using a personal car from courses and seminars so the Board can see the distinction. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to appoint environmental representative Leroy Wright, 4045 Edgewood Place, Cocoa 32926, to replace Susan Carlson, and agricultural representative Billy Kempfer, 8053 Highway 192, West Melbourne 23904, to the Environmental Citizen Resource Group. Motion carried and ordered unanimously.

Commissioner O'Brien advised he is still doing research on appointments to represent academia, industry, and homeowners. Commissioner Cook advised he should have an academia representative by the end of the meeting.

Commissioner Cook recommended appointment of Martin Lamb. Commissioner Scarborough recommended appointment of Don Garretson and Mary Tees. Commissioner O'Brien recommended H. Robert Highstone, Sr., and Commissioner Higgs recommended Richard Hawkes and Hugh Pat Kelly.

Commissioner Ellis inquired what functions those people represent; and stated the Board decided on nine members and was to draw lots for builders, installers and homeowners.

Code Compliance Director John Sternagel advised it was included on the Agenda Item and was discussed; but the motion was for nine members and did not specify the role those persons played or their professions.

Commissioner Ellis stated the reason for that was to get a balanced nine-member task force with expertise in what they do; one person from the advisory committee, a soils engineer, homeowners, septic installers, and builders; and inquired, if it is set up with nine builders or nine homeowners where would the balance be.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt resolution establishing the Septic Task Force by categories.

Discussion ensued on five members, nine members, and ten members, the pros and cons of appointing people with expertise, and categories.

Commissioner Ellis amended the motion to establish categories of two builders, two septic installers, four homeowners, one soils engineer, and one Building and Construction Advisory Board member; and no objection was heard from Commissioner O'Brien who seconded the motion.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioner Scarborough voted nay.

Chairman Higgs advised Commissioners to return with appointments at the next meeting.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution establishing Landscaping Task Force; and appoint Gary Nelson, 617 W. Edgewood Drive, Melbourne 32901, Sylvester Rose, 3044 Knox McRae Drive, Titusville 32780, R. Mason Blake, 257 Loggerhead Drive, Melbourne Beach 32951, Micah Savell, 3500 S. Courtenay Parkway, Merritt Island 32953, and Roger Metcalf, 8740 S. Tropical Trail, Merritt Island 32952 to the Task Force. Motion carried and ordered unanimously.

The meeting recessed at 10:28 a.m., and reconvened at 10:46 a.m.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize temporary loan not to exceed $20,000 to print 3,000 copies of Brevard County History Book, Volume I, to be repaid from the revenues generated by the sale of Volume I. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct staff to return within six months to report on the financial condition of the Historical Commission to repay the loan. Motion carried and ordered unanimously.

Carl Seigniorial, 5780 Eagle Way, Merritt Island, President of SR 3 Property Owners Association, and Vice Chairman of the North Courtenay Parkway CRG, advised the CRG is in favor of establishing a parkway commercial zoning classification on SR 3 to control the type and size of signs, eliminate undesirable businesses, and add control to landscaping. He stated the purpose is to create a scenic parkway and increase property values; and the rationale for creating a scenic parkway is: (1) the Parkway is the gateway to the planets; (2) it is traversed by statesmen and dignitaries from all over the world; (3) it supports millions of tourists who go to the Visitors Center annually, and (4) it will be traversed by visitors from Disney Cruise Lines. He stated it is a unique thoroughfare that should be an asset to the County financially and aesthetically; and recommended further study to allow compromise for conflicting issues and the birth of a new parkway classification that can be used in other parts of the County.

Commissioner O'Brien advised the CRG worked very hard; however, there are two problems; and the County Attorney's analysis on the new property rights legislation is important, because without that, the Board could be placed in a difficult legal position. He recommended not tabling the report until the County Attorney completes his review, but to have the County Attorney's office complete the legal analysis and send it directly to Planning and Zoning, and direct the CRG to hold additional meetings with the legal report and come back to the Board through the Local Planning Agency.

Commissioner Ellis stated there are additional restrictions, landscape buffers, down zoning, etc.; and he does not agree with what is being done.

Commissioner Cook stated he has concerns also, but the County Attorney's legal analysis may put a different spin on the CRG's consideration of the matter. He stated he does not oppose having the CRG reconsider the recommendations with the legal analysis, then come back to the Board.

Commissioner O'Brien stated the CRG, homeowners and the property owners on SR 3 worked for two years on this; a lot of the property owners said they have problems with the 25-foot setback and the densities, but agreed to everything else; they want to make it a beautiful corridor that is good for business and development; and it is the corridor to KSC. He stated the idea is great; the County Attorney has to answer the legal problems; then the CRG can work out the problems and go back to the Local Planning Agency before coming back to the Board.

Commissioner Ellis inquired if all the property owners like it, why would the Board have to pass it; with Commissioner O'Brien responding they do not like two parts of it. Commissioner Ellis stated they should do it voluntarily and not make it a law if they all agree. Commissioner O'Brien stated he does not want to subrogate the CRG; they voted and were democratic about it; but unfortunately, there is a legal snag. Commissioner Ellis stated they are not set up as a democracy; they cannot vote away people's rights; and he cannot believe the property owners on North Courtenay Parkway would agree to the number of restrictions. He stated if this passes, the County will deal with ten years of the South Beaches all over again. Commissioner O'Brien stated he does not think so; Mr. Signorelli was a member of the CRG ; and aside from the two complaints, everything else is good.

County Attorney Scott Knox advised he finished the first part of the analysis, but it does not define questions that came back since he did that; however, there should not be much of a delay because he just has to answer two questions.

Dick Thompson, representing several property owners along SR 3, stated the legal issue needs to be understood; he attended the CRG meeting where a decision was made to send the recommendations forward; the representatives of property owners were not allowed to speak to the issue before the decision was made; and it is an injustice to the property owners on that corridor. He stated two members of the CRG are property owners; they voted against the recommendations; and the rest are homeowners or special interest groups who voted for the recommendations. He stated it was not an agreement by all parties; the property owners affected are against the recommendations for various reasons, such as having property rights taken away or forced into doing costly actions they would not normally be required to do; so he is against approval of the recommendations. He stated the Local Planning Agency had a healthy discussion on the recommendations and economic impact of the CRG actions, and directed staff to do an economic impact study to know how it will affect property owners; and he has not heard about that study.

Commissioner Cook indicated his concerns and suggested getting the County Attorney's analysis to shed light on some recommendations; stated if everybody gets the opportunity to address the CRG, maybe the recommendations would be different; in any case it has come back to the Board; and if it came back in the same form, he would oppose them.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to send the report from the County Attorney's office to Planning and Zoning Division; direct Ms. Busacca to get the North Courtenay Parkway CRG to hold additional meetings to address the public's concerns regarding the Report's recommendations, review everything within the report and legal analysis, and return it through the Local Planning Agency. Motion carried and ordered; Commissioner Ellis voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant final engineering approval for Kimberly Estates, subject to minor engineering changes as applicable, and Board approval not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant permission to advertise public hearing for August 22, 1995, to consider the Emergency Medical Services Assessment resolution.

Commissioner O'Brien inquired why Micco charges $39.30, Harbor City charges $14.92, and the County charges $15.00; with Chief Mark McMichael responding the differences have existed since the start of the assessment funding mechanism; there are different levels of service provided; Micco is a non-billing entity; and services are billed to North and Central Area residents. Commissioner O'Brien inquired how much do residents pay; with Mr. McMichael responding base rate is $250, and there is a list of things such as oxygen, mileage, etc. Commissioner O'Brien inquired if it would be better for everyone to pay $39.30; with County Manager Tom Jenkins responding it would be, but they do a lot of fund raising in Micco and Harbor City. Assistant County Manager for Community Services Joan Madden advised the Board directed staff to look at different ways of how the funds are applied in different areas; and staff has started that. Commissioner O'Brien stated a person picked up in Cape Canaveral and transferred to the hospital was billed $52.00, plus paid $15.00 in taxes, so the bill was over $65.00 while Micco's is $39 and North Area is $28.

Commissioner Scarborough stated the North Area runs to Barnes Boulevard and Pineda on the Beach, so District 2 is in the North area. Commissioner O'Brien stated he still was charged $52.00 plus $28.00 to be taken to the hospital. Mr. McMichael advised a pickup from Cape Canaveral would be $250 plus mileage and whatever the patient required; although it appears he is being billed twice, he is not; ambulance bills are substantially lower than most other counties; in some counties they fund ambulances entirely by assessments and some by fees; at the time this was done, it was decided to split that so many tourists who are not property owners and use the ambulance service would contribute to running of the ambulance service. Commissioner Scarborough stated during the workshop they were given instructions to examine the whole thing and see if they could merge the two systems; it is a complex issue; and hopefully next year the Board will be able to have answers because it is not an easy thing to comprehend. Commissioner O'Brien stated if there is concern about tourism, TDC may contribute to ambulances. Ms. Madden stated most of those are covered by third party pay. Mr. Jenkins stated the state law does not allow for that expenditure under the tourist tax. Commissioner Cook stated some of the assessment is based on the personnel who respond. Commissioner O'Brien stated the Board should change the law.

Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Scarborough advised Clarence Rowe called him and wanted to be here to speak on this issue.

Annette Miele, 3801 Arrowsmith Drive, Cocoa, District 2 Representative on the Arts in Public Places Advisory Committee, advised they want to move ahead with selecting the art work and need to know what the Board would support in funding so they can advertise for it. She stated it will be a memorial piece to the Moores; and requested the Board support funding for that.

Commissioner Ellis inquired if there is going to be a fund-raising effort; with Ms. Miele responding APPAC is not a fund-raising body; Mr. Rowe and NAACP were considering it; but she is not sure their plans went any further than discussions.

Chairman Higgs advised Kay Burk with the Cultural Alliance is here to answer questions.

Motion by Commissioner Scarborough, to allocate $75,000 for a memorial art piece for Harry T. and Harriette V. Moore Justice Center. Motion died for lack of a second.

Commissioner Cook stated he cannot support that; the County is spending in excess of a quart of a million dollars on the Moore's homesite in Mims; that is going to be a huge tribute to them; and it is a huge expenditure of money. He stated the Courthouse will be named after them; it will cost $18,000,000; he can support something that would commemorate the Moores; but he cannot support it at the level of $75,000. He noted at the Social Center in Titusville, Ms. Pavlakos did a bronze of Mr. Moore with biographical information about him under it; the sculpture is a beautiful piece; at the time it cost about $10,000; and that money was raised by the NAACP. He stated something along that line would be a justifiable tribute to the Moores and perhaps going with an additional match of $10,000 from private sources.

Commissioner Ellis stated he tried a year ago to get APPAC to put a line item in the budget for the courthouse so that other organizations would know to set a goal to raise money towards; the money should go strictly for the art to commemorate the Moores and not lighting, etc.; about $30,000 should fund the art commemorating the Moors when people enter the courthouse; and if something comes in higher than that, there would be private fund raising. Commissioner Cook advised he was thinking about $15,000 and matching up to $10,000 which would make it $25,000; he would donate to the other $10,000; and that would be a substantial tribute considering what is being done in Mims and other places for the Moores.

Chairman Higgs advised Mr. Rowe is on his way and requested continuing the issue.

Commissioner Scarborough stated art is purely for art's sake; justice did not occur in the case of how Mr. Moore and his wife were killed on Christmas Eve; someone who was an educator was basically shut up through violence; it is the challenge of justice not met; and he sees it as a symbol of an attempt to reach justice unsatisfied as opposed to merely a work of art.

Commissioner Cook stated he would rather support a $75,000 direct grant to the State Attorney to re-open the case and find out who killed the Moores than to spend it on art.

Chairman Higgs advised the Board talked about the use of art money to expand the use of the building in an artistic manner; it would not be a plaque, but an expansion of the exterior use of the building through a feeding area with landscaping, etc.; and she thought it was a good idea and a better use of the funds. She stated the Board needs to commemorate the Moores in the facility; that can be tastefully done for less than $25,000; she understands $25,000 was set aside for lighting or appropriate security for art donated for display; and she does not have a problem doing that because it would make a better building. She stated she does not want to spend $75,000, but wants to appropriately commemorate the Moores for whom the building is named; and that could be done with a bronze plaque, but she does not know what they cost.

Commissioner Cook repeated the efforts being taken to commemorate the Moores; and Commissioner Scarborough repeated his desire to symbolize the challenge as well as commemoration. Commissioner Ellis stated that would be a decision made in the call for art. Commissioner Cook recommended a private/public endeavor, with the County allocating $10,000 and another $10,000 to be matched by the private sector for a total of $30,000, with $20,000 from the County.

Chairman Higgs inquired what would a commemorative bronze plaque cost; with Kay Burk responding it would depend on what is specified in the call for art. She stated there may be more creative ways to do it than a bronze plaque; bronze is an expensive product; and once they know the dollar figure, they will issue the call for art based on that amount and will seek proposals from artists with preference going to local artists, but state wide artists can complete as well. She stated that would give a broad range of proposals targeting the initial dollar amount; in this day and time, fiberglass with overlays may be appropriate; so there is a creative concept of how to get it done with the lowest expenditure; and there are artists who will rise to that challenge. Ms. Burk stated there are innovative ways they can seek quality art if they had an appropriate place and secure area in which to display them; the Arts in Public Places Committee was charged to seek loaned works; and the only way they can do that is to put them in secure places because another policy of the Board is that the artists have to assume the insurance risk of the art work. She stated those are two separate elements that need to be addressed; and the time for the Board's input would be the selection process as it looks at what other concepts and is not sure what would be appropriate, but he is willing to make a motion. Chairman Higgs stated she can go with $15,000 for the art work and can support appropriate lighting and security measures because it will enhance the building.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to allocate $10,000 to commemorate the Moores at the Justice Center, and provide a match up to $10,000 with the private sector.

Commissioner Ellis inquired if the Board would give $10,000, match up to $10,000 for a total of $30,000, but only $20,000 from the County; with Mr. Jenkins responding it would not preclude the private sector from coming up with more than $10,000; however, the Board would only match up to $10,000.

Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Cook inquired if the funds for the lighting were originally going to come from the contingency fund; with Facilities Construction Director Joseph Vislay responding at the beginning of the project, they had not identified what areas the lighting would be located for where the art would be displayed, so it was intended to come from contingency. Chairman Higgs inquired if the money is still in the contingency.

Commissioner Ellis stated another option the Board did not look at is the possibility of naming different courtrooms for attorneys and judges who served in Brevard County, and asking those people if they wished to have a courtroom named for a judge, etc. to provide the art work for that courtroom area. He stated Mr. Nance suggested a memorial for Judge Jamison, so Mr. Nance would put the plaque and set up the lighting display for that; and in that way the County could get provisions for the 12 courtrooms in the Justice Center. Chairman Higgs stated she does not have a problem with that, but at this time the Board needs to finalize the lighting that is going to be in the walls and be sure it can move with that. She stated staff needs direction to get the hardware in the walls so they can go ahead. Mr. Vislay advised he received estimates for about $25,000 for ten locations, and the locations vary in size.

Commissioner Cook advised he has concerns about the ten additional locations for art work because people seeing the art work will not be the general public, it will be lawyers, defendants, judges, and criminals; so it is hard for him to justify $10,000 for ten spots the general public will not be seeing. Chairman Higgs stated a lot of people who are part of the general public will use the Justice Center to seek justice in their cases, as witnesses and jurors, etc.; so she can support $15,000. Commissioner Cook inquired what would happen if the Board approved $10,000; with Mr. Vislay responding they can select locations based on the amount of money allocated.

Chairman Higgs passed the gavel to Vice Chairman Ellis.

Motion by Commissioner Higgs, to allocate $15,000 for lighting an security of art work in the Justice Center. Motion died for lack of a second.

Motion by Commissioner Higgs, to allocate $10,000 for lighting and security of art work in the Justice Center. Motion died for lack of a second.

Commissioner Ellis inquired what would be the effect if it is done after the justice center is completed; with Mr. Vislay responding the work can be performed at a later date, but it will be more costly because of the conduits, wiring, and recess in the drywall soffits to accommodate the lighting. Commissioner Cook inquired if they could wire the building and not install the light fixtures; with Mr. Vislay responding they can run the conduits to the locations, but would have to recess the drywall areas to accommodate the light fixtures. Commissioner Cook inquired if it can be done with the existing budget; with Mr. Vislay responding he would need additional funds.

Commissioner O'Brien suggested judges and attorneys donate $5,000 each for art in the Justice Center. Commissioner Ellis suggested sending a letter to the Bar Association for donations to have memorial courtrooms for people who contributed to justice in Brevard County.

Motion by Commissioner O'Brien, to authorize a letter be sent to the Bar Association requesting donations to have memorial courtrooms for people who contributed to just in Brevard County. Commissioner Cook stated he will second the motion and add deferring the other items until the end of the project, and in the meantime get the information Commissioner Ellis requested.

Chairman Higgs inquired if there was a desire to have something in the walls to insure the security of donated pieces; with Mr. Vislay responding yes, they wanted to put wood blocking to accommodate wall hangings of art work; and that will need to go in place now. Chairman Higgs inquired how much would that cost; with Mr. Vislay responding about $5,000 for fire walls that have to be pressure treated and fire treated and located appropriately to accommodate the various types of art work. Commissioner O'Brien expressed displeasure with spending $5,000 to secure a $500 piece of art.

Commissioner Cook stated the motion is to defer any action to the end of the project and see if they can get private funding from the Bar Association; he will support the motion because the general public will not use the courthouse; it is essentially for lawyers and defendants and people who work there; and it is hard to justify spending tax dollars for that.

Commissioner Ellis stated it is appropriate if members of the Bar are interested; there are people who contributed to the legal system; and it would be appropriate to have plaques in the courtrooms commemorating them.

Chairman Higgs advised the motion is to request the Bar donate funds and find out if members are interested in naming courtrooms for previous or current legal figures in the County.

Commissioner Scarborough stated he will vote against the motion if the naming of courtrooms is added because it will be politicized, and will get into things the Board does not want to do.

Chairman Higgs stated the motion is to go to the Bar and ask for support for art in the justice center. Commissioner O'Brien stated if the attorneys want to purchase art, bring it in, raise money and buy it, that is fine. Chairman Higgs inquired if the County Manager is directed to write to the Bar; with Commissioner Scarborough responding it should be the Chairman. Commissioner Cook stated the Manager could write it on behalf of the Board.

Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Scarborough stated he hopes the County will not create a museum with art pieces in the justice center; the concept should be challenging justice to set the theme for the process; there is a difference between art work and art that sets a theme; and he would prefer the latter. Commissioner Cook stated he would also like to see the art work as a theme.

Commissioner Ellis advised in Eau Gallie they have simple wood and plastic plaques identifying different parts of Eau Gallie; a County park that is named for someone does not have any identification to say who it is named for; and there should be a simple plaque in Rodes Park saying who Mr. Rodes was.

Commissioner Cook agreed, and noted Nichol Park was named after an officer, but the sign just has his name and does not identify who he is, what happened to him, or what transpired; Bourbeau Park was named after a fire fighter who lost his life in the line of duty, and the sign just says Bourbeau Park; and there should be a plaque identifying the individual and the reasons why the park was named after him or her.

Commissioner Ellis stated people may want to contribute to the plaques, such as the fire fighters for Bourbeau Park, Mr. Rodes, Mr. Wickham, etc.; everyone remembers who the person was when the park is dedicated; however, 20 years later who will remember that person.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct Facilities Management to look into plaques for various County parks and facilities, or find if there is interest in the community to donate for plaques commemorating parks and facilities which describe the individuals those parks and facilities are named after.

Chairman Higgs indicated the proceeds from the sale of the History Book could be used to put up plaques. Commissioner Cook stated the deputies and fire fighters may want to take up a collection to commemorate one of their own. Commissioner O'Brien inquired who was Mr. Hoo Hoo; with Commissioner Cook responding that is a lumberman's fraternity that has been in existence since 1888; they donated all the lumber for that park; and that is the reason it was named after them.

Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Ellis advised when the Board set up the Affordable Housing Board, he thought one of the goals was to do research on impediments that exist regarding affordable housing in Brevard County; there are two books from HUD that have ideas on how to set up an affordable housing board to look at what are the problems, what are the barriers; and if the Affordable Housing Board is going to do that, he would like to see that done; and if not, the Board needs to look at setting up another group to do that.

Commissioner Cook advised he reviewed the Ordinance that established the Affordable Housing Board, and what Commissioner Ellis said is part of the Ordinance; and to the extent that they have not been doing that, they need to look at those options.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct that the Affordable Housing Board move forward with review of development regulations and advise of eliminating or revising same to resolve impediments to affordable housing.

Commissioner Ellis inquired who is the liaison to that Board; with Assistant County Manager for Community Services Joan Madden responding Mr. Trigg and they will schedule that as a priority for the next meeting to get on with the process of review which is part of the charge of that community. Commissioner Cook requested copies of the documents Commissioner Ellis submitted be sent to them; with Ms. Madden responding she has a copy and will provide those.

Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Ellis advised there are different bonds held by the County for a few years; and when it is returned, the interest earned on that bond should go to the person who posted the bond. He stated it is not fair for the County to take the interest off the bonds; and the laws have changed to allow people to get the interest off their deposits.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to direct that any interest earned by the County on bonds posted for projects be returned to the bond provider from the day the bond is deposited.

Chairman Higgs inquired how much interest will be paid; with Commissioner Ellis responding whatever the Clerk gets. He stated if the County earns 6%, then 6% should be returned. Chairman Higgs inquired if there is any service fee on the bonds for administrative costs; with County Manager Tom Jenkins responding not currently, but the County does not pay any interest either. Chairman Higgs stated she wants to see the County's cost to administer the program.

Commissioner Scarborough stated some people post cash bonds and some post surety bonds; there is no interest on surety bonds; and if there is an administration fee, it should be charged on all bonds regardless whether they are surety of cash and return the interest.

Commissioner Cook stated that would probably be nominal; and if the County Manager wants to look at nominal fee, he would not have an objection as long as it is just to cover the actual cost.

Mr. Jenkins inquired if it is retroactive or from this date forward; with Commissioner Cook responding since it was done in one instance, it would have to apply to those people who have not received their bonds back.

Chairman Higgs inquired if the motion could include the actual cost for services. Commissioner Ellis stated no one knows what that is; and his motion is when the bond is returned, the interest earned on that bond be returned to the person who posted the bond and not retained by the County. Chairman Higgs requested the motion direct the County Manager to estimate the actual cost to administer the bonds and return to the Board with what that fee would be so the Board can decide whether it should impose the fee. Commissioner Cook stated Mr. Jenkins can come back to the Board with that information, but the Board can vote on this motion.

Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct the County Manager to investigate the actual cost of administering cash and surety bonds, and return to the Board with report. Motion carried and ordered unanimously.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to allow personal appearances now and Item III.C.5. Motion carried and ordered unanimously.

Bea Polk, 101 River Park Boulevard, Titusville, advised there is not way to remove Board members on the Jess Parrish Hospital Board who do not do what is good for the public; at its las meeting they added a $360,000 expense to the budget for a Community Relations Department; and the woman who helped get the legislation through for the Port St. John clinic is the head of that department. She stated the Space Coast Hospital Service is part of this; they are side-by-side corporations which the Hospital Board admitted in a letter; the people have given the hospital thousands of dollars; and now they are giving it what they have left in the hospital. She stated the Space Coast Hospital, Inc. transfer will be in the form of a grant; and inquired how much longer will the people of North Brevard, who paid the taxes for the hospital, have to wait while they remove the money. Ms. Polk inquired how can the Hospital Board members be removed if they are not doing their job. She stated she understands only the Hospital Board can remove a Board member. She stated it is a County hospital but it is run by the State; there is not time for the public to speak on the Hospital Board's agenda; they say they do not want politics brought into it; however, they are appointed by political people so it has to be political. She inquired how much longer do the taxpayers have to wait while they move the money to a private corporation and what can the Board of County Commissioners do about it.

Commissioner Ellis inquired if Ms. Polk had the rest of the article; with Ms. Polk responding yes. She stated when the Board voted for the Governor to veto the bill, there was a lot of activity that went on; a lady was appointed because her mother got all the signatures and sent all the names to the Governor not to veto the bill; so there are two jobs that go along with the things the hospital does.

Ms. Polk stated they want the hospital cash reserves to be used for the North Brevard District; perhaps the County Attorney has to look into the issued; but she would like to know how the Board members can be removed and how the County can have more control over the County hospital.

County Attorney Scott Knox advised the Board is restricted by what the Special Act says about the Board's ability to appoint and remove members; there are provisions of General Law for removing people for certain things, such as malfeasance, nonfeasance, etc.; but they must be instituted by a private citizen or the Governor, etc. and not by the Board. Chairman Higgs inquired if there is no direct way to remove someone from that Board; with Mr. Knox responding he does not remember anything in the legislation that allows the Board to remove anyone, but that is not to say it is not in there. Chairman Higgs asked the County Attorney to check into that and let the Board know.

Commissioner Cook inquired where is the article from; with Ms. polk responding a Tallahassee newspaper. She stated lobbyists push for medical things; and the public has a hard time getting anything done. She stated they changed the laws to give the Hospital away; and inquired how can the law be changed to get more public input and to allow this Board to remove members of the Hospital Board. She stated there is something wrong when the public pays for something and has no input.

Nelly Strickland, 536 Mendel Lane, Titusville, stated this is not her subject, but she wanted to add that a fairly large addition was put on Jess Parrish Memorial Hospital at about $45,000,000; at this time, there is supposedly $63,000,000 to $67,000,000 cash in hand; and she wonders if there is insurance fraud or patients are being over charged because that is an awful lot of money. She advised Brevard County has the highest crime rate in the State and in the Country; it has been so for the last ten years; it has beat New York, and New Jersey, home of the Mafiosi; and the National Park Service is deliberately trying to make it even worse. She stated the sex crimes at Playalinda Beach are a shame and disgrace; they should not have to live with that; and women and children are not safe out there. She stated two boys, 8 and 10, children of her friend, were accosted by a homosexual who offered them sex instructions; teenagers had couples drop in front of them on the beach and perform sex acts; and it is not north of Lot 15, it is all over the beach. She stated if a hurricane hit Brevard County, that narrow barrier dune is the first line of defense; and the reasons the bill protected that area are because it is a narrow barrier dune, to preserve a small piece of Florida, and because it is a fragile beach. Ms. Strickland advised more boardwalks are being suggested to accommodate the nudists; she objects to it; nothing can be constructed without NASA's help; NASA has to get permission for that; and the bill that passed it as a Seashore Park spells that out. She suggested the Board get with NASA and try to get those walks prohibited. She noted when the economy picks up, NASA has plans for additional pads north of the beach road. She stated there are anal sex, oral sex, homosexual sex, heterosexual sex, masturbation in from of women and children, stalking of girls by men while masturbating, etc.; the Sheriff has decided not to enforce the County's ban on nudity, and he has a point because the National Park Service should be held responsible; there are strange things going on; and Mr. Catropa, Director of the Southeast Region of the Park Service, faxed the decision that came down before the 4th of July to Mr. Cervasio who is the leader of the Central Florida Nudist group, but the Board did not get it until later, and Commissioner Scarborough had to get it from the newspapers. Ms. Strickland advised if no one will enforce the laws, the Sheriff must; lack of money should not be a reason; safety of women and children should always come first; and suggested the Board (1) withhold the next allotment to the Sheriff if he cannot enforce the law; (2) bring a class action suit against the National Park Service for allowing sexual crimes to occur and recur; (3) demand the National Park Service put a nudity ban in effect as it has in Cape Cod and other National Seashore Parks; and (4) amend the Nudity Ordinance to allow nudity in the south end of the County because those Commissioners voted against the Ordinance. She stated North Brevard will be glad to donate all the nudists to their cause. She stated she never expected to be in the "leaky tiki", and will do what she did in the las election, vote everybody out and every issue down and encourage everybody to do likewise. She stated she does not understand the reasoning of the Sheriff and finds it totally unacceptable; the Sheriff waited while children and women are being traumatized; those children may carry scars for the rest of their lives; and some of them are in counseling now. She requested the Board protect the children who will pay the bills of the County. She stated the Sheriff is waiting for the court to make a decision; that is setting a very bad precedent; there may be other ordinances in the future the Sheriff would not enforce; so it may be wise to turn the County over to the courts and let them handle it. She stated she has reports from people; visitors reported to the Ranger Station that two men with their pants around their ankles were seen at the beach masturbating each other; the ranger investigated the area but could not locate any suspects; and read reports of a woman on an ATV being asked questions by a white male who fondled himself while talking to her, a subject masturbated then ran to his vehicle, observance of a nude white male and female engaged in sexual intercourse at Parking Area 5, a call from KSC Security about a complaint registered with them in reference to an incident which occurred on the beach, and a man stalking girls and following them to different parking areas who left a note on their windshield stating "you both look good with your bathing suits on, but I bet you look better with them off". Ms. Strickland stated those are the kinds of things that are going on; she read only the ones that are fit to read and has others that are not; but she will read them all if that is what it takes. She requested the Board do something about the Sheriff and get a class action suit against the National Park Service because all those things are wrong.

Commissioner Ellis advised he talked to Mr. Simpson las week and was told they added two park rangers to the force and made some arrests over the 4th of July weekend. Ms. Strickland stated the rangers are on a temporary basis for the summer only; they are not budgeted; and that needs to be discussed with the National Park Service. Commissioner Ellis stated he was told they are stepping up enforcement on the beach and have cited people. He stated regardless of what the Ordinance says, the Sheriff can enforce lewd and lascivious acts; everything read by Ms. Strickland falls under lewd and lascivious behavior; and suggested the Sheriff have a patrol once in a while regardless of whether the Ordinance is in court or not because he can enforce the State laws which were illegal before the Ordinance. Ms. Strickland advised the excuse is the distance; and there is some truth to that because by the time a patrolman is called and makes the 15-mile drive to the beach, what happened would be over and done with. Commissioner Ellis stated he did not mean to do it on response, but to go out there on regular patrol and go up and down the beach. He stated there were problems in other parks and they had to get the Sheriff out there to conduct arrests occasionally. Ms. Strickland stated it would be easier to make the South end nude accessible and the North End prohibit nudity; and they have police and sheriff deputies who can work on that in South Brevard. She stated the County could have a decent family-oriented tourist attraction, but it has a Florida pornographic showcase instead; people do not go there because they are afraid; and she would not take her children or grandchildren to Playalinda Beach. Commissioner Ellis stated the Board should ask the Sheriff to make regular patrols on a ATV up and down the beach.

Commissioner Cook advised there are 4,890 complaints since 1993 of numerous criminal activities on that beach; he cannot understand why the Board would have to request the Sheriff to enforce the laws against lewd and lascivious acts; the Park Service said it is going to start aggressively enforcing

those actions; but where is the Park Service and the Sheriff. He inquired how can the Board allow those types of activities to exist. Commissioner Ellis stated prior to the meeting in Titusville, the Sheriff did not have expressed permission from the Park Service to go out to Playalinda Beach and enforce State laws; the Sheriff does not enforce laws in the City of Melbourne; and since the park rangers are the police force for the Seashore Park, the Sheriff should not be expected to go out there and do their job for them. He suggested asking the Sheriff to do some patrols and make arrests when there are lewd and lascivious activities. Commissioner Cook inquired why would the Board have to ask the Sheriff to do that; he is the chief law enforcement officer in the County; all he has to do is his job; and if they are violating state law, he has jurisdiction out there. He stated the Sheriff did not show up at the two public hearings the Board held on the Ordinance. Commissioner Ellis stated if a letter is not sent to the Sheriff, he will not know what happened today. Commissioner Cook stated it has been in the news and nothing is new. Chairman Higgs stated she will support a letter to the Sheriff.

Commissioner Scarborough advised it would be appropriate to have the County Attorney bring the Board up to date on where the Ordinance stands in court.

County Attorney Scott Knox advised the suit has been filed and has been answered; he required affidavits from the Governor's Office on the concurrent jurisdiction agreement that is in place that vests jurisdiction in the County as well as the State, and affidavits from Mr. Simpson and his office manager on the types of bathing suits that are permissible under the Ordinance based on her review of catalogs at Ron Jon's Surf Shop; and he received all those and should have a motion for summary judgment filed this week. He stated hopefully the court will hear it within the next 30 to 60 days.

Commissioner Scarborough stated while the Sheriff may not have a clear indication from the court, there is nothing wrong with him having a presence out there for violations of state laws; his mere presence will help deter activities; he received a lot of calls from people who were being intimidated at the beach; and the Park Service said it is a matter of dealing with different compatibility groups. He stated the little things are evolving into levels of direct harassment; the nudists want to send a message that is their beach; and that is not in the reports. He stated the occurrence level is so frequent, it is ending up to be a totally nude beach; there was no problem when they were north of parking area 13; but they have decided to take over the entire beach. Commissioner Scarborough stated he is disappointed with the total failure by the National Park Service and frustration of the law in trying to make the County Ordinance work; and if the Sheriff is out there and looking for State crimes, the Board can at least say it does not want to concede.

Commissioner Cook stated part of the problem may have been when the Sheriff tried to do some things several years ago and that situation created problems; but to enforce the State law, he has no problem with that; and even a presence out there would inhibit some lewd and lascivious activities. He stated he was happy to read in the latest press release from the Park Service that it is going to actively start pursuing this and the two additional rangers are for that reason. Commissioner Ellis stated regardless of the County Ordinance, the State law is still the law; and the Board should request the Sheriff enforce the State law.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct the County Manager to send a letter to the Sheriff requesting he enforce the current State laws at Playalinda Beach. Motion carried and ordered unanimously.

Chairman Higgs advised Ed Weinberg is present, representing the landowners.

Commissioner Cook advised the document says the Board previously accepted primary management responsibility for all Valkaria scrub properties in the CARL and Scrub Jay Refuge Project; and inquired what are the management responsibilities going to entail as far as funding.

EELS Coordinator Dr. Duane DeFreese advised management responsibilities of scrub entails security of the site, prescribed burning to ensure the habitat is suitable for scrub jays and other endangered species; and all the sites in the CARL Program, whether managed by the County and/or the State are open to public access to some degree, so they will also be managing for varying levels of public access.

Commissioner Cook inquired if every piece of scrub property will require security; with Dr. DeFreese responding not all; the proposal that is moving through the Endangered Lands Selection Committee which the Board will se in August, is a management plan that sets out different levels of public access; some will be wilderness sites with very limited access where the public could get on possibly by permit; and others would have more active type of deliveries like that proposed at the Enchanted Forest. He stated they hope to minimize economic impacts, staff, and cost of management, and are working through that management plan. Commissioner Cook stated another statement is that the owner provides the boundary survey and hazard waste report acceptable to the EELS staff; and inquired why is it the EELS staff and not the Natural Resources staff; with Dr. DeFreese responding he generally reviews those to make sure they meet minimum technical standards of CARL and forwards them to the legal staff for final review before closing and transferring the properties. Commissioner Cook inquired why the Natural Resources staff is not plugged in; with County Manager Tom Jenkins responding Dr. DeFreese is part of the Natural Resources staff. Commissioner Cook stated he understands that, but why would it say EELS staff instead of Natural Resources staff. Mr. Jenkins advised it could say Natural Resources staff except that EELS pays for it and that is probably the reason; and Dr. DeFreese is an EELS employee versus a General Fund employee. Commissioner Cook stated he will take a good look at the management plan when it comes back because the cost is a concern with regard to all these properties the County is acquiring; but the Board can move forward with this item.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to accept title to 83.2? acres in Valkaria as part of a scrub jay mitigation agreement between RNR Properties, Ltd. and the U.S. Fish & Wildlife Service. Motion carried and ordered unanimously.

Assistant County Manager for Environmental Services Stephen Peffer advised this is an unusual item; and it would be helpful to have a brief explanation of what the County is being asked to do, if that is acceptable to the Board.

EELS Coordinator Duane DeFreese advised the Memorandum of Agreement is in response to a lot

of discussions by this Board and previous Boards, as well as at the State level about how to get funding for management, and how a local government could find a private sector partner to extend some of its commitments. He stated the Bond Referendum for the EEL Program authorized the County to do land management, environmental education, and passive recreation; the Memorandum extends the capabilities of the County and recognizes there are facilities, human resources, and agencies that may be better prepared to not only facilitate, but also support the EEL Program objectives, especially in the land management area, endangered species monitoring, and environmental education; so in setting up the relationship, staff viewed it as a joint venture for the

County to capitalize on available funds to support its efforts, to increase the ability to communicate with agencies, and to extend management capabilities.

Mr. Peffer advised the Memorandum does not commit EEL funds; it offers EEL sites to other interest groups such as NASA, Brevard Community College, Education and Research Foundation, Dynamac, etc.; and it says the County has sites available and will work with them to provide the education and look for grants to bring into the management program.

Norma Savell, 3500 S. Courtenay Parkway, Merritt Island, President of Citizens for Constitutional Property Rights, inquired when an item is placed on the Consent Agenda, does it imply that all Commissioners agree and consent to that, or can just one Commissioner put an item on the Consent Agenda; with Chairman Higgs responding the Consent Agenda items are put on by staff, and Commissioners consent to those actions they recommend. Ms. Savell stated if socialism is the road from capitalism to communism, the environmental movement has taken the people for a ride with its government controls; although CCPR members are environmentalists, they stand against socialism and the imaginary utopia it pretends to bring; and the earth consortium is the most despicable plan ever brought before the Board. She stated she objects to the Space Program being used for environmental purposes; and inquired why the secrecy and rush for something so significant. She stated much work and time has been invested, but suddenly it is ready for the Board to sign with no notice to the taxpayers; the beginning of the environment movement was supposed to save the U.S. symbol, the eagle, according to the former Under Secretary of the Interior; and inquired what is the consortium the beginning of. She stated the goal of making Brevard a model has been stated in the EELS and scrub Jay Programs, and now the earth consortium; they do not want to be a model for the world; and they want government to leave them alone as do the people of the State, Nation, and earth. Ms. Savell advised management funding, education, and projects are mysteriously alluded to and have ties to the U.N. and possibly the new world order; Americans have not voted to give up their autonomy; the promise of economic diversity is true if killing the economy is considered a diversification; to pretend there will be no fiscal impact is absurd; every environmental program sucks the life blood from the economy, jobs, and government revenue; government does not pay for anything, the people pay; and everything of value which they use comes from the earth. She stated the consortium wants that treasure to control and bleed the citizens and Nation of their resources and property; and if there is anything they need to know more of it is environmental public education of brainwashing. She stated if people cannot manage or own their property, they are nothing but subjects told where and how they may live; the taking of rights is a snake which will turn and bite even those who propose it; this movement is the antithesis of everything American; and that one American can consider doing this to another is shameful. Ms. Savell stated a vote for this consortium would be traitorous; leaders who have similarly betrayed their citizens have been despised through the ages; and the Board pledged liberty and justice for all this morning. She stated there is a perfect place for those who love government control with similar climate and scenery to Brevard; and it is already set up and has plenty of room because its inhabitants risked their lives and some even died on fragile rafts and inner tubes trying to escape it.

Martin Lamb, 2034 Adams Avenue, Melbourne, advised it seems very vague and does not describe anything; it describes public and private sector joining together, but the members are the EEL Program which is not private, Brevard Community College Florida Science Institute which is not private, Florida Education and Research Foundation, which he does know what it is, but has a strong feeling it possibly is not private, and Dynamac Corporation which is a contractor of NASA that is also a part of this consortium; so when they mention the private sector and their involvement, he does not see any. He stated they want to teach people something through this process; when a developer wants to do something with his or her land, they say he or she is doing it for the money; and the reason this is being created is to get more money to do more things, so they are in it for the money.

Carl Signorelli, 5780 Eagle Way, Merritt Island, advised he is member of the CCPR, and sees the consortium as another move to have more government, more regulations, more land management of private property, more confiscation of private property, more violation of the Fifth Amendment, and more litigation over property rights in the court system. He stated unless the consortium respects the Fifth Amendment, he would not support the union.

Dick Thompson, 630 Heron Drive, Merritt Island, advised everyone in the room has a genuine concern about the environment; the consortium has far different innuendos; and the Board has to watch out for what else can be done by putting people together and allowing them access to government and the people's resources. He stated this consortium is primarily a lobbying group; the Memorandum is well prepared and worded, but the mission of each member as presented is to promote this and that; and promoting something is lobbying for money or people, which is his concern. He stated they do not need another lobbyist for the environmental crews; they have enough in the local newspapers and televisions that will give front-page coverage of anything an environmentalist wishes to have covered; and when a group like this comes together, it will lobby for various things and will spend taxpayers money and try to put the Board and other government agencies in a box until they get that money. Mr. Thompson stated there is no way a group of people can function under the mission stated in the Memorandum without considerable funding, yet they do not identify how they are going to get the money nor how much; there is not budget proposed; so if the Board approves this consortium, it may expect another group of people, possibly the CCPR, putting together a consortium and seeking funds or legal challenge.

Chairman Higgs read a statement from Micah Savell as follows: "If I am not able to return by the time this item comes up, I want it read into the record my opposition to further this conspiracy of taking property and taxpayers rights and imposing the dictates of a few on the masses at large.

Commissioner Cook advised it looks like an enormous amount of staff time went into preparing this item; he had no idea the County was pursuing it; and inquired why it was not mentioned that they were going in that direction; with Dr. DeFreese responding for a long time he was the only staff member and now there are two; they try to do the best job to implement the EELS Program with minimal amount of economic impact to the County, minimal staff, and maximum delivery of the Program; there was not a lot of staff time in developing this item; but it is an opportunity to take advantage of the resources both private and government. He stated in talking with each of the entities, it fell into place more than having a difficult time coercing people to participate; and everyone sees it as a positive joint venture and not a legal document. Commissioner Cook inquired if it was reviewed by the County Attorney; with County Attorney Scott Knox responding he briefly went over it, but has no opinion as to whether it does of does not create legal obligations for the County. Commissioner Cook stated he does not know what legal obligations it may or may not create, but the County Attorney needs to review it to see what it may be committing to because a lot of it is nice but very vague; and it sounds good, but what is it going to commit the County to in the future. He stated he was surprised it was on the Consent Agenda, but that does happen. He inquired why would the Memorandum be with the EELS Program and not the Board; it would seem if the County is entering into an agreement, it would have to be between the Board and other entities not between a program and other entities. He stated since it deals a lot with education, he does not understand why the School Board was not involved; it should have been approached to see if it was interested in participating as a member; and inquired how was it determined who would be the members of the consortium. Dr. DeFreese advised the initial establishment of membership was not set up to be exclusionary; those were the players they have been talking to on a regular basis who had immediate needs and deliveries; they are the major players who are doing the cutting edge work in both education and land management; so they started the consortium there, but the intention is not to make it exclusionary. He stated there is a lot of talk about eco-tourism; and they see it opening up to a lot of joint venture opportunities. Commissioner Cook advised the appointee will be Duane DeFreese which is fine, but under the Charter, the appointee should be the County Manager or his designee. He stated there are a few things he does not understand which may need legal interpretation; and inquired what is signature authority and if it means the Chairman of the Board or the administrative board that will be set up under the Agreement. He stated it also says paid staff positions; they are going to hire an executive director if funding is available and full-time administrative staff to institute their programs; and he is not sure what the programs are at this point. He stated it also says, "paid staff positions will be contingent upon available funding, and board members can designate any number of contracts or staff participants within each organization"; and inquired if that means Mr. DeFreese could designate County employees to assist the consortium which would not be proper. She stated maybe that is not the intent, but the way it is stated in the agreement would lead one to believe that it is. Commissioner Cook advised under responsibilities it says, "We will provide expertise and technical assistance from the program staff and volunteer staff in land management, environmental educations, program sanctuary sites, other conservation areas within the consortium"; the EEL Program is ongoing; and inquired how much staff time would it take from the County's side to accomplish those goals. He read, "Use of the sanctuary sites must be consistent with the conservation goals established by the EELS Program Selection Committee"; the conservation goals established by the Committee are subject to the Board's approval; and that needs to be delineated. He stated it says, "Promote all EELS Programs and consortium projects implemented on EELS sanctuary sites"; he does not know what that will entail or how big it is; "Florida Education Research Foundation will use its best efforts;" everybody says they will use their best efforts, but KSC says it will use its reasonable efforts; and that is a better terminology if the agreement is going to have any binding effect on the County as far as its responsibility about what it wants to accomplish. Commissioner Cook advised it also says, "Cooperative work to develop curricular from environmental education tools to enhance environment education within the Florida Public School System"; however, the Brevard County School Board has not been contacted; it goes on to say, "The term of the memorandum shall operate for two years and review of this memorandum shall be made every two years by the administrative board"; and that review should be made by the people who actually participate and not by the administrative board. He stated it says, "No member or delegate to Congress or resident Commissioner shall be admitted to any share of portion of this agreement or any benefit arising from it; however, this clause does not apply to this agreement to the extent that the agreement is made within the corporation and for the corporation's general benefit"; and inquired what is the point of that sentence. Dr. DeFreese advised he brought it to the Board first because a lot of the language was delivered by the individual agencies and their legal staffs who reviewed it; there are considerable concerns; and staff is willing to follow the Board's direction. Commissioner Cook stated he cannot support the agreement as written; and the Board should at lease require legal review and answers to the questions he delineated.

Commissioner O'Brien advised he cannot support the agreement and finds that EELS again is getting involved in other things than finding endangered property. He stated although they may go to Brevard Community College and use its Science Institute for research and to NASA for photographs or whatever input they need to buy properties, he does not like the idea of EELS going beyond the parameters it was set up for. He stated the mission the public voted for is going lopsided; it was supposed to be apolitical and is becoming political; and he does not care for it an cannot support it.

Commissioner Scarborough advised it would be appropriate to send it back and have the agencies discuss it further; he does not have a problem talking to other groups because there is expertise that can help the County; and it they can make wise EELS decisions because of that expertise, he does not think that is a problem. He stated the Board wants to have it clearly delineated where it is going with this item; it wants to make wise decisions with the EELS Program; and this may help to make wise decisions. He stated eco-tourism was mentioned, so TDC should be involved; and there were a lot of things said that indicated maybe others need to be included also; so he will move to table the memorandum; and inquired how long would Commissioner Cook want to table it.

Commissioner Cook stated a lot more work has to be done to it, so he does not know how much time they would need; he agrees with Commissioner O'Brien that it is getting beyond what the EELS intent was and the responsibilities of that Program; and before the Board enters into any agreement like this, it has to be reviewed by the legal staff. He stated there are other agencies that could participate if this is the way it wants to go; but he is not sure this is the way the Board wants to go, so he does not know what the time limit would be.

Dr. DeFreese advised they are in the middle drafts of the Comprehensive Management Plan which they intend to bring to the Board in August; that plan is conceptual in nature, and talks about private sector partnerships; and maybe it would be appropriate to bring the Plan to the Board first to talk about the concepts of where the EELS Program is going, then look at this memorandum as an issue after the Management Plan goes through the Board's review.

Commissioner Ellis stated if the Board does not want to do it, it should just kill it now so that staff does not waste any more time.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to disapprove the Memorandum of Agreement with Dynamac Corporation, Brevard Community College-Florida Science Institute, Florida Education and Research Foundation, and NASA-KSC to establish the earth ecosystem consortium.

Chairman Higgs advised she does not know what they want to do either, so it is hard to say no when she does not know what they want to do; and she is willing to entertain what they want to do if she can understand what it is in simple language. Commissioner Cook stated he pulled the item because it is going in the wrong direction, so the Board may as well just kill it.

Commissioner Scarborough stated District 1 got the Enchanted Forest through the EELS Program; there was talk about fencing it, bringing educational groups in, and how it can be used, etc.; there will be EELS parcels under the County's jurisdiction because the people of Brevard decided they wanted to do that; and if there is expertise from KSC and BCC, he has no problem having them get involved to assist the County with the educational programs if that is the intent. He stated he is not clear what the intent is; but the Board has a mandate from the people to run the EELS Program, and it should do it intelligently; and if there is free information to help the County do it better, there is no harm in obtaining that information. He stated the Board can tell Dr. DeFreese that is what it wants.

Commissioner Cook stated the Board needs to kill this item because that is not the way it wants to go; he is not opposed to getting additional informational and coming up with some other ideas; but he cannot support this agreement; so the Board may as well give staff clear direction today where it is coming from. He stated he is not opposed to getting additional information and talking to other agencies; that is something that maybe can happen in the future and come up with something; but the Board should take action today and send a message that this is not acceptable.

Commissioner Scarborough stated the Board can say it is not acceptable and ask staff to rework it, but if it just kills it will send a message to BCC and NASA that the Board voted it down; and they will say the County is not interested in getting their expertise, and the next time it will be more difficult to get their participation. He recommended tabling the item and giving staff instructions that the Board does not want it in its present form but wants something more constructive.

Commissioner Cook stated there are other players that were not contacted, etc.; he made a motion and there was a second; so the Board should vote on it.

County Manager Tom Jenkins advised this item is too vague, and if there is potential for eco-tourism, it should be specified; and if there is an ability to get someone to manage some of the properties or participate, they should be specific; maybe there is not need for a blanket agreement; and they should try to deal with specifics.

Commissioner O'Brien stated the problem is it starts out as consortium; next it becomes an agency; then it starts asking for money; and if the County needs an EELS land management program, it can appoint an EELS land management committee. He stated the EELS Program is involved in areas where information is already being sent to it; they are involved with those people now; so the consortium is not required and would have a tendency to become a political entity. He stated EELS is supposed to be non-political; therefor, leave it alone and say no to this consortium.

Chairman Higgs stated the motion is to deny; she will not support the motion; it is clear what they are trying to do; and she is willing to table it and not send a message to the other entities that the Board does not want to cooperate. She stated there are acceptable mechanisms that she could support for cooperation; but this form leaves a lot to be desired and she will not support it.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioners Scarborough and Higgs voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct the County Manager to write to the parties listed on the agreement as well as the School Board, F.I.T., TDC, etc. that the Board is interested in receiving advise and information on how to effectively administer the properties that it is acquiring under the EELS Program.

Commissioner O'Brien suggested adding the Marine Resource Group and Save the Manatees to be a part of it because of the water quality that comes from the EELS lands.

Commissioner Scarborough stated the Board has a responsibility to the people of Brevard County; it has taken their money and purchased lands; it is required to administer the lands for them; they are off the tax rolls; and it wants to do it wisely. He stated if there is interest to help the County do it wisely, it should take it; it may work to the County's benefit to be wiser in how it handles the properties; and eco-tourism is a possibility that is reflected in other elements of the County.

Chairman Higgs called for a vote on the motion. Motion did not carry; Commissioners Scarborough and Higgs voted aye; Commissioner O'Brien, Book and Ellis voted nay.

The meeting recessed for lunch at 12:56 p.m. and reconvened at 2:02 p.m.

Commissioner Ellis advised he submitted the three items for consideration to be included in the legislative package; State regulations have a tremendous financial impact on Brevard County; the first item has to do with mandated recycling requirements; currently the County tries to comply with state-mandated recycling requirements by spending millions of dollars for efforts that are not very useful; the way it meets the recycling requirement is by mulching tree stumps and yard waste; and it is spending millions of dollars for mulching facilities to grind up tree stumps so a firm can haul them out of the County to be burned in a power plant. He stated it is a waste of money, but it is the way the County is meeting the recycling requirement. He advised curbside pickup costs over a million dollars for less than $3000,000 return; there are times when separate pickups make a lot of sense, but the County does not get credit for recycling unless it puts it through million-dollar chippers and have it hauled away. He stated the State-mandated requirements need to go.

Chairman Higgs inquired if the intent is to discuss the items and have them automatically part of the legislative package; with Commissioner Ellis responding no, but where else is there to start. Chairman Higgs stated the Board needs to discuss all the items that are going into the legislative package; he wants the three items considered; and inquired if the Board wants to discuss those in detail at a later meeting. Chairman Higgs stated she wants them all on the table at one time; and everyone has some they want considered. County Manager Tom Jenkins advised he has it planned for the first meeting in September. Commissioner Ellis stated in the past the legislative package had nine or ten items and it took up a lot of time, so it ends up being a long meeting.

Commissioner Cook advised the Board received correspondence from Representative Futch who made some good suggestions; the Board needs to track better locally, like each week; he talked to Representative Futch's legislative assistant who suggested when possible, the Board be specific with the bills it supports; and those are changes that need to be made as well as tracking of bills by staff when the legislature is in session so the Board can respond appropriately if needed. He stated he has no problem discussing these items; if the Board wants to bring them back in September, that is fine also; and inquired if the item is referring to the formula that the State uses in recycling percentages. He stated the counties that did not make their percentage had no consequences; Brevard County scampered to make it and did everything it was supposed to do because it was complying with a State-mandate; and it turned out that most counties did not comply and nothing happened. He indicated the Board needs to look at the formula; he is not sure whether it can repeal all the percentages; but at least it can look at how they do it.

Commissioner Ellis stated 30% is a misleading statistic because the vast majority of that is done by recycling yard waste, chipping it, and sending it off to be burned in a power plant. He stated the letter from Representative Futch asked for specific recommendations and that the County work on the proposed legislation sooner; and it is very specific to ask that they repeal legislation mandating recycling percentages.

Commissioner Cook stated he wants more information on the yard waste formula because the Board may want to translate that into addressing the formula used rather than repealing all the mandates or requesting it be repealed; it is unlikely they will do that; but the Board may want to specifically have them look at the formula used to compute the percentages and make it more realistic. Commissioner Ellis stated that could make it worse if it was more stringent.

Commissioner Scarborough stated recycling has been applied to glass, cans, paint, oil, and a number of other things, not only yard waste; and recommended asking staff to look at the items and report back to the Board at the time it is putting together the legislative package. Commissioner Ellis stated however the Board wants to handle it. Commissioner Cook stated that is the way to do it; and he can support the mitigation item. Chairman Higgs inquired if they will all come back in September; with Commissioner Ellis responding he does not want to wait until September; each Commissioner needs to start bringing them in; otherwise the Board will be bogged down the whole day.

Commissioner Cook stated if Commissioners want to bring items to the Board and staff provide additional information, maybe a lot of the questions could be answered at the September meeting. He stated on Item 1, he would like more information about the formula and how to address it without being more onerous; and on Item 3, he has a question on the definition of State waters and about the waters that drain into larger bodies of water.

Commissioner Ellis stated every ditch in the County eventually reaches the St. Johns or Indian Rivers; Harlock Road has flooding problems every time there is a heavy rain; the culvert needs to be changed out; and the County has to go through a permitting process with the State agencies to put in a bigger culvert. He stated it is not a navigable ditch by any means; and if they are waters of the State, then the Board should pass that maintenance to the State DOT. He stated if the County has the responsibility to maintain the drainage ditches and keep people from flooding, it should not have to get a $500 permit every time it wants to change out a culvert; and that does not include the time it takes for someone on the engineering staff to draw up the permit application and submit.

Commissioner O'Brien stated he understands the problem with the permits; but if the ditches are declared waters of the State and they should do all the maintenance, at some point it could force the State into a situation where it would create a State income tax to pay for all of that. He stated the State delegates it down to municipalities and counties to take care of; they can reduce the regulations which is the main objective; but if the cost is handled at the State level, it could force the Legislature to go to referendum for a State income tax. Commissioner Ellis stated they would have as much luck as the School Board did; but if the State is not going to give the County control over the ditches, then it needs to take control of the maintenance and not have the County running through all the permitting hoops to make simple adjustments in the drainage ditches. Commissioner O'Brien inquired if it would be easier to ask for relaxation of the rules for drainage ditch maintenance. Commissioner Ellis stated 50 years ago waters of the State did not include every drainage ditch; and that has been an ever-expanding definition. Commissioner O'Brien stated the Board could ask the Legislature to specify the width and average depth of the water to redefine the waters of the State.

Chairman Higgs stated in their present form she cannot support any of the items; she cannot support repealing recycling, eliminating mitigation, and eliminating waters of the State; but if it came back in a different form in which they want to redefine those things and look at recycling mandate and further define mitigation, she would consider them.

Commissioner Scarborough stated he was amazed at the amount of red tape Road and Bridge maintenance has to go through; all it is doing is wasting taxpayers money on the State and local levels; however, he does not know at this time if the definition of waters of the State is the way to handle the problem. He stated if the Board wants to move them on and address the problems later, that is fine; but if it wants to define how the problem is addressed, he does not know if that is the way to answer the problem. He stated if the legal staff comes back and says definition of waters of the State is not the way to do it, there is another way that is more practical, that is fine and he will support it then; but right now he does not know enough to say that is the area of legislation that needs to be changed. Commissioner Cook stated he concurs that it should move forward and get more information.

Discussion ensued on the ditches, obtaining permits to maintain ditches, and heavy rains flooding properties.

Chairman Higgs stated if the County did routine corrective maintenance all along with the proper permit, it would not have that problem to begin with. She stated Leroy Wright sent a letter to her outlining the position to SAVE The St. Johns on Items 1, 2 and 3; the response is Item 1 has not suitable sites without expending tax dollars; SAVE did not support any of the three legislative items; and she will make the letter a part of the record rather than read it.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct that (1) repeal legislation mandating recycling percentages of solid waste, (2) eliminate requirements for any governmental agency to pay or donate mitigation to another governmental agency, and (3) eliminate any definitions of waters of the State which include such waters as small as streams, canals, and ditches whose primary purpose is drainage, be included in the legislative package and brought back to the Board in September better designed to state precisely what the Board is talking about.

Discussion continued on the 30% recycling requirement.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioner Higgs voted nay.

Commissioner O'Brien advised he does not mind a workshop on Solid Waste, but does mind having EDC come to the Board three times in six months. He suggested restricting workshops to once a year; and stated otherwise Commissioners will spend all their time in workshops and have no ability to get their job done which is to address constituents' needs. He stated las Tuesday they spent all afternoon in workshops and then came to a meeting until almost midnight; that is becoming a little crazy; and inquired how can they concentrate and do a good job when they are inundated with materials all the time. He stated he would prefer to have one workshop a day and not have a Solid Waste workshop from 1:00 p.m. to 3:00 p.m., then a Water Quality workshop from 3:00 p.m. to 5:00 p.m., and come back two days later and have Emergency Management from 10:00 a.m. to noon and something else from noon to 4:00 p.m.

Commissioner Scarborough stated he does not like to have workshops just to have workshops; the Board spent a lot of time on the jail; there are critical things coming up; a lot of people are interested in EDC not being funded; the Board is talking about substantial changes in the mechanism; and once it resolves that issue after the budget discussions, it may not need EDC to come back at all next year. He stated whether to have a workshop or not should be determined at a Board meeting; if he has a problem, he does not mind coming to a workshop three or four times a year to handle the problem; the jail is a big decision; but the Board determines the workshops; and if a Commissioner does not think the Board needs to talk about the jail again, he or she can persuade the Board to not schedule a workshop.

Chairman Higgs advised the Board has scheduled all the workshops, and it needs to be careful in its scheduling; with Commissioner O'Brien responding not really; the Board approves the schedule, but the workshops are already on there; and what has happened this week is today's meeting, tomorrow's budget workshop, and Thursday's budget workshop. He stated last week there was a workshop all day Monday, two workshops and a meeting Tuesday night, and back here for budget Wednesday and Thursday; and that is four days of the week being down here in workshops.

Commissioner Ellis stated the Board cannot avoid the budget; with Commissioner O'Brien responding no, but it should not have scheduled other workshops while doing the budget. Chairman Higgs stated the Board agreed to the schedule. Commissioner O'Brien stated no one came to him and asked if he wanted a Solid Waste workshop on Monday. Commissioner Ellis stated staff coordinates with the Commission Offices to determine if the Commissioner is available.

Commissioner O'Brien recommended a policy that says two workshops a month at 10:00 a.m. on Tuesdays; it has two day meetings each month, and the other Tuesdays can be for workshops starting at 10:00 a.m.; and it can go to 2:00 p.m. or 4:00 p.m. if necessary. He stated to have a workshop and squeeze another in jams the schedule all day; and the brain goes dead from sitting in a chair all day.

Chairman Higgs advised she does not disagree in principle that the Board should not schedule that many types of meetings, but it has to agree to say no when the schedule comes out. Commissioner Cook inquired when will the Board get the schedule for next year; with County Manager Tom Jenkins responding the current schedule is through December, 1995. Commissioner Cook advised the Board needs to make a policy decision, so when staff puts the dates together, they do not schedule two workshops in one day.

Commissioner O'Brien stated that Solid Waste Workshop is scheduled for Monday; he spoke to Mr. Rabon and it does not appear to be an emergency driving the need for a workshop; so it could be put off until October or November. Commissioner Ellis stated the Board needs to make some decisions regarding Solid Waste. Commissioner O'Brien stated the Board is in the middle of budget process and does not need to spend it energies on Solid Waste; and he would prefer to put his energy into the budget. He stated the Board should not overwork its workshops; it is to the point where there are meetings on Monday, Tuesday, Wednesday, and Thursday; there should not be any workshops during the budget process of six to eight weeks except for budgets; and staff is busy during that period trying to make sure the budget turns out right. He stated he has to have time to talk to constituents, see what they wants, and review the budget to figure out where the Board wants to go and how it wants to get there, then figure out a way to present it to the Commissioners so it makes sense.

Commissioner Cook inquired how many workshops are scheduled; with Mr. Jenkins responding the budget and CIP workshop are scheduled for tomorrow; a budget workshop is scheduled on Thursday; Solid Waste Workshop is scheduled on Monday; on Wednesday the Board will set the tentative millage at 2:00 p.m.; at least three Commissioners have to attend the Melbourne-Tillman Drainage District rate hearing on Wednesday; and it has a workshop on Monday for the Scrub Conservation Development Plan. He noted there are not workshops in September because of the budget hearings. Commissioner O'Brien stated they will spend 30 hours a week in meetings and will not have time to get their jobs done. Mr. Jenkins suggested a schedule with one workshop a month. Commissioner Ellis stated that would make four regular meets a month; with Mr. Jenkins responding it will preclude the Board being at the meetings until 7:00, 8:00, or 9:00 p.m. Commissioner Ellis stated he would rather stay late than to have to come back.

Commissioner Cook inquired if the Board wants to cancel the workshop on Monday, or address workshops in next year's schedule.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to cancel the Solid Waste Workshop on Monday.

Commissioner Ellis inquired when will it be rescheduled; with Mr. Jenkins responding perhaps November, and Commissioner Cook stating after the budget. Mr. Jenkins advised the Board just scheduled a workshop on Growth in Government for October, so November would be the next available workshop date. Commissioner Ellis stated the Board needs to do a workshop on Solid Waste because it has been almost three years. Commissioner Cook stated he understands, but Commissioner O'Brien made a good point that the Board is in the middle of budgets and it needs to direct its energies toward that. He inquired if it will create a hardship to postpone the workshop; with Mr. Jenkins responding he does not know of anything that is urgent and needs to be decided, but it is the Board's call whether it wants to move forward or wait.

Commissioner Scarborough stated there is some benefit in the way the Board does things; next year it will have an election; and if it moves major decisions for a new board, that board will have to go through a number of workshops to understand the issues. He stated it is not a simple concept; this Board should make decisions next year; some things were suggested regarding Solid Waste, and there are still a number of options; so he would feel comfortable proceeding with the workshop on Monday, so that next year it will have the information, will be fully knowledgeable, and can make decisions regarding Solid Waste. Commissioner O'Brien suggested scheduling the Solid Waste workshop in October and the Growth in Government in November.

Commissioner Cook stated in six months the Board has made many major decisions, including the Viera DRI which should have been disposed of by the time he and Commissioner O'Brien came on

board; millions of dollars were spent on 3,000 acres in the middle of nowhere; and this Board is now asked to decide what the future is for Solid Waste after the previous board made a decision that has now been abandoned; with Chairman Higgs responding that decision has not been made yet. Commissioner Cook inquired why a decision was not made on Solid Waste in three years; with Commissioner O'Brien responding because things were in flux and they were waiting on other options. Commissioner Scarborough stated there are other things that evolved such as a joint venture with Osceola County, hauling to Seminole County or Okeechobee, having someone permit, build and operate a plant for the County, etc.; and before he votes, he wants to have all the information in enough time to sit in workshop and thoroughly discuss it. He stated the land the previous board purchased may be a part of an RFP. Commissioner Cook stated election or no election, next year he is not going to be rushed into a decision on Solid Waste; and this is his position. Commissioner Ellis stated the Board will not make a decision at the workshop.

Commissioner Cook withdrew the second to the motion.

Commissioner O'Brien advised the conversation is about the workshop schedule; there is not second to the motion so Monday is still on for the Solid Waste workshop; but the Board should form a policy that allows only one workshop a month and not more than once a year per subject unless they have a good reason. He stated budget workshops are important, and they have to do homework for that.

Motion by Commissioner O'Brien, to set a policy to schedule one workshop a year per title and one workshop per month unless there is good reason for a second workshop on the same subject.

Commissioner O'Brien stated workshops have been pushed upon the Board. Chairman Higgs advised the Board has pushed those upon itself. Commissioner O'Brien stated it can push them away by doing what he is suggesting right now. Chairman Higgs stated it is not fair to say it was pushed on the Board; with Commissioner O'Brien responding he will take that back if the Board will agree to once a month workshops and one subject a year, so they will have more time to work with constituents, do their homework, and do a good job.

Commissioner Cook stated it would be more appropriate to do it for next year because the current schedule has been approved through December; with Commissioner O'Brien responding the Board has changed it every week. Commissioner Cook stated he concurs with Commissioner O'Brien's sentiments.

Commissioner O'Brien stated his motion is to have one workshop a month and the topic can only come up once a year unless there are mitigating circumstances that cause another workshop.

Chairman Higgs called for a second to the motion; and hearing none, stated the motion died for lack of a second.

Commissioner Cook advised the original idea for night meetings was to have things of high public interest; it is hard to control; but if possible, staff should try to schedule things that would be of benefit to the public and not routine things that can be done at regular day meetings. He stated the meetings lasting until midnight are a problem for the public as well as the Board.

Commissioner O'Brien stated any Commissioner who wants an item on the Agenda is able to put it on; last night's agenda was as thick as the one today; that is why the Board was there so late; it needs to have a policy limited to three items, no consent agenda, and resolutions and awards, etc. should be done at night so they can bring their families with them.

Chairman Higgs inquired if there is motion to not have consent items for Tuesday night meetings; with County Manager Tom Jenkins responding he has a directive to put the bills on the Agenda.

Commissioner Cook inquired about personal appearances. Commissioner O'Brien agreed with all personal appearances being on the night meeting agenda. Mr. Jenkins advised a lot of personal appearances are corporate in nature; the Board had somebody here today from JTPA; and some are business people who prefer to do it as part of their job during the day. Commissioner O'Brien stated that is a good point.

Commissioner O'Brien suggested proclamation resolutions are made up and put on the agenda; and inquired if any Commissioner could approve those before they go on the Agenda so they are Commissioners' items and not a County Manager's item. He stated the resolution for JTPA came from the County Manager's Office; no constituent came to the Commissioners; and they do not have much say whether they go on the Agenda or not. Mr. Jenkins advised he puts a lot of things on the Agenda; with Commissioner O'Brien responding he knows, but he was just referring to resolutions. Mr. Jenkins inquired if Commissioner O'Brien wants them to be Board initiated; with Commissioner O'Brien responding yes, any Commissioner could initiate those.

Commissioner O'Brien stated he wants to make it clear that there will be no consent agenda on night meetings other than the bills and budget transfers; try to keep the Agenda at three or four topics; and if there are not big public topics, cancel the meeting, because the idea was to allow public input.

Chairman Higgs stated there was public interest at the last meeting; and the next Tuesday night meeting will continue the Equity Study issue. Commissioner Cook stated the meetings have been scheduled; and there is a lot of public input.

Commissioner Scarborough advised all the cities had to pass an animal control ordinance because the County could not pass an ordinance for the cities; that was one reason why the Charter made sense; on one side Rockledge said one thing; the Board enacted an ordinance on power lines; and the City could have passed an ordinance to opt out. He inquired if there is a desire with municipalities to have the Board do what Rockledge says and exempt all of them, or is there a desire to have additional notification. He stated he is getting mixed signals; one time it is great and the next time it is not great; and it would be nice to have a policy with the cities to agree as a group.

Chairman Higgs advised she had discussions with representatives rom several cities; it is an issue with them; their initial discussion was in regard to a 60-day notification period in which they have an opportunity to review and provide input to the County; and their plan is to bring to the Board what they think the options are to deal with the problem.

Commissioner Scarborough stated he tried to work interlocal agreements through with municipalities, and they go on and on because every city has a veto; it could take two years to pass an ordinance that way; and he does not want the Board to get bogged down in that situation.

Commissioner Cook advised he went to most of the Charter Commission meetings but did not support the Charter; one reason was because ordinances would apply to municipalities; this Board has done a good job keeping down the number of ordinances; he can remember in the 1980's when the Board passed 30 to 35 ordinances a year; and this Board is significantly behind that because it passed very few ordinances. He stated a notification period for the cities is fine; it will allow them to comment on the ordinances; any city can pot out of any ordinance the County passes with one sentence; and the only difference is they have to hold a public hearing to do that which cannot hurt anybody. Commissioner Cook advised he had a phone message from Jim McKnight, City Manager of Rockledge saying he reviewed the power line ordinance and supported it; and Lee Wenner, City Councilman from Rockledge, supported the ordinance.

Commissioner Ellis stated he remembers what they said at the meeting, but when they put something in writing, one letter said they did not support it and the other said they do not support ordinances including the cities.

Chairman Higgs stated the issue is not the particular ordinance on power lines, the issue is the mechanism used ensures the cities know what the Board is doing.

County Attorney Scott Knox advised the Board has two choices, it can make an ordinance that is effective only in the unincorporated areas or one that is effective Countywide; and it does not have a choice to enact an ordinance that will affect the unincorporated area and the Cities of Rockledge and Melbourne but not Indian Harbour Beach. He stated the cities have the option of opting out of a Countywide ordinance; and whether or not they pass valid ordinances to do that is something the Board does not have to worry about.

Commissioner Scarborough stated there has to be a uniform Countywide Ordinance for animal control because the County does the enforcement; there are some ordinances the cities need to be told it would not make sense to adopt the same ordinance because it would only take up their time; but if they do not want animal control, that is a separate selection, and the County will not enforce it in the cities.

Commissioner O'Brien stated if the cities do not appreciate an ordinance the Board feels is important, they can opt out with one sentence; some city councils do not want to discuss it because people will line up and be for or against it; but that is the process they have to go through.

Commissioner Ellis stated there is a conflict between opting out and opting in; to opt out they have to have something that addresses the issue already; and opting in they can ignore it if they want to.

Commissioner Cook advised they can opt out by saying they adopt the state law in one sentence; they do not have to pass a separate ordinance in conflict with the County Ordinance; he did not support the Charter but it passed and the Board should live by it; and he supports giving more notification and some process to get their comments prior to adopting an ordinance. He stated if it is 60 days or 30 days, the Board needs to do that; but the Charter passed and the Board should abide by it and it is not onerous to expect them to opt out by saying they support the state law.

Chairman Higgs advised the representatives from the League of Cities will come to the Board the meeting after next; and suggested the County Attorney give the Board a memo on its options and the position it is in.

Commissioner Cook advised the County Attorney has told the Board what its options are; he wants to hear from the Cities what they want; personally if their only purpose is to not be included so they do not have to have public hearings, he will not be in favor of that because more municipalities and county commissions should have public hearings to make sure the public interest is served. Commissioner O'Brien stated the Board could give them 60 days notice and they can opt out within that time.

Commissioner Ellis inquired if cities can opt in if an ordinance is passed only for the unincorporated area; with Mr. Knox responding they have the option of adopting the County's Ordinance if they want to. He stated Commissioner Cook is correct, but he does not want to be misled; if there is an existing state law which conflicts with the County law, for example the Bingo Ordinance, the Cities can adopt the state law; but if there is no existing law, it is not that easy. He stated if the Board adopts a Countywide impact fee ordinance, that does not authorize the cities to say they do not want the impact fees in their cities.

Commissioner Cook stated his intent was not to mislead; that is the intent of the Charter; most cities supported the Charter; the League of Cities was on the Charter Commission; and now they have to live with it.

Commissioner Scarborough stated he wants the cities to clearly tell the Board what they want; and inquired what if one city says it does not want to be included, would the Board include all the cities, or does one city have veto power. He inquired what would happen if one city does not respond after 60 days. He stated if the County notifies them, there will be one city that will say no every time; and inquired if that city has the ability to veto the ordinance.

Commissioner Cook advised if the Board provides a comment period for the cities to submit their comments, there may be some that agree and some that disagree; but at that point, the Board has to make the decision. He stated that still leaves the cities the option to opt out. Commissioner Scarborough inquired if a city asks not to be included, would that preclude the Board from adopting a Countywide ordinance; with Commissioner Cook responding no, that is the Board's decision and it may decided to go Countywide even though the city objected; but that still gives them the option to opt out.

Commissioner Ellis inquired if there is a state law that allows the City of Rockledge to opt out of the power line Ordinance; with Mr. Knox responding there is a state law, but it falls into a gray area because it is not like the bingo law that governs what can an cannot be done; the state law on transmission lines is a permitting law; so the city would have to take over the permitting in its own jurisdiction which it could do, or live with what the County is going to do.

Chairman Higgs advised the Board will hear from the Cities at the meeting after next.

The meet recessed at 3:01 p.m. and reconvened at 3:12 p.m.

Johnnie Wimpee, 4180 Rosewood Avenue, Valkaria, President of Valkaria Area Residents Improvement Association (VARIA), advised the Valkaria Airport Advisory Board is conducted with a specific goal in mind which seems to be in direct conflict with the local residents' desires; Commissioner Higgs said several plans would be considered at one of the Advisory Board workshops, but that did not happen; and Mr. Scurrah closed that last workshop session by stating the master plan discussions were completed. He stated from the way the Advisory Board's meetings ad workshops have been conducted, their understanding of its goal is to prepare the Valkaria Airport Master Plan update to promote the greatest possible development of the Airport property almost exclusively toward general aviation use; the homeowners' interest has not been fairly heard and considered; and any of their concerns had to be voiced through one Board member and a single non-voting representative, namely him. He stated the area residents do not want any further improvement to Valkaria Airport; they are not interested in spending any more public funds on the unnecessary Airport in a residential area; and they are justifiably concerned that further Airport development will decrease their property values and the quality of their lives. Mr. Wimpee advised they are opposed to any version of the master plan that includes the reconditioning and continued operation of Runway 9/27; and the future development of Runway 9/27 has led many of the homeowners to evaluate their quality of life and consider a class action suit to have Brevard County compensate them for property value losses or buy their properties. He stated the Florida Aviation System Plan published by Florida Department of Transportation and FAA points out that residential land use is incompatible with airport land use; Valkaria has both; the residential property owners contribute to the County's General Fund and the Airport does not; and one of those land uses has to accommodate the other. He stated the residential areas near the Airport include some very nice homes which contribute significantly to the General Fund through property taxes; many of the homes were built when the Airport property was administered by Parks and Recreation; the County's first responsibility is to preserve its revenue sources, not decrease them; and Runway 9/27 is a serious impediment to the residential growth of Valkaria and threatens the property values in established residential areas. Mr. Wimpee advised the FAA sent a letter to the Airport Advisory Board regarding the closing of Runway 9/27; while it did not recommend it in general, the local conditions and circumstances can be taken into consideration; and Runway 9/27 is a serious problem to the area residents. He stated the aviation traffic has ten other airport choices close by if conditions do not favor the remaining runway; they oppose the installation of runway lights which would result in 24-hour operation of the Airport, further decreasing their quality of life; and they oppose the commercial development of the Airport property which is in direct conflict with the assurance that the Airport would be for recreation aviation only and would be operated in harmony with the community. Mr. Wimpee advised commercial development will be harmful and illogical on several counts; one of those is the County will be developing Valkaria Airport to compete for a larger share of a shrinking market; general aviation has been declining for many years and to such a degree that Congress recently passed the General Aviation Revitalization Act to slow its collapse; County investment in a dying industry is wasteful and ill-advised, especially when other more worthy projects such as schools and roads need funding; and once the areas become commercialized, Valkaria Road would have to be upgraded to accommodate heavier traffic both in volume and weight. He stated residential property values would be further eroded with losses to tax revenues; they proposed that the board proceed toward lifting the federal deed restrictions requiring the property be maintained as an Airport, and that removing those restrictions will give the County more flexibility and discretion in the use of the land and provide the County with several benefits; and one is that revenue from the property would no longer be mandated by the deed restrictions for reinvestment in the Airport operation improvements. He stated the County would be free to decide whether or not to continue to operate the Airport at that site and to sell portions of the property at its discretion, possibly for more residential development to provide the greatest source of revenue in the proceeds of sale and perpetual revenue from property taxes. He stated they were told by the Advisory Board and the pilots that Valkaria Airport is an essential part of the Air transportation network; however, Valkaria handles less than 1% of the East Central Florida air traffic; Brevard County has eight Airports to serve the population of 420,000 people, more airports than causeways that connect the beaches; they were also told that the Master Plan is just words on paper, does not mean anything, and will never get done; however, based on the previous Master Plan, Runway 14/32 was rebuilt, a new access road and parking lot have been completed, 14 aircraft hangars have been built, and other are under construction. Mr. Wimpee advised from information provided to the State from previous Master Plans, FDOT believes the Airport should be upgraded to general utility which would allow jet-propelled aircraft; currently the Airport handles less than 1% of the areas' annual operations; FDOT believes Valkaria has nearly 120,000 operations per year; currently the Airport Manager estimates there are only 12,000 operations per year; and Melbourne International Airport currently has 212,000, 64,000 less than in 1990. He stated FDOT believes there are 33 fixed base pilots at Valkaria; currently there are 23; FDOT believes state and local funding should be used to increase traffic

volume in order to raise Valkaria in a priority for federal funding; however, they were assured Valkaria would be used for recreational aviation only, conducted in harmony with the community. He stated FDOT believes Melbourne International and TiCo Airports are so overcrowded that Valkaria must be developed to handle the overflow; currently those Airports are actually operating far below their full capacity; and FDOT acknowledges that Valkaria property is environmentally sensitive, but the need to expand the Airport services are so great those issued should be mitigated. He stated currently Valkaria can meet the intent of the FAA conveyance without any further spending or improvements; therefore, they request the Board allow them to present the process of lifting the FAA deed restrictions to allow the County full authority over the land uses, which uses can generate flow of revenue to the County's coffers rather than out. He requested the Board reject any master plan that includes runway lighting, reconditioning of Runway 9/27, and commercial development of the property for aviation-related businesses. He presented letters they received agreeing with the points he put forth today and handouts of other backup data based on his speech.

Chairman Higgs inquired if the request is to lift the deed restrictions on the Airport property; with Mr. Wimpee responding at their expense and time, they will investigate the process of removing the FAA deed restrictions for Valkaria Airport and present those to the Board when they have completed that process. Chairman Higgs inquired if they are proceeding with that; with Mr. Wimpee responding they are asking the Board to allow them to present the process at a later time, to reject any master plan that comes along before they have a chance to present the FAA deed restriction removal process, and to oppose runway lighting, reconditioning of and continued operation of Runway 9/27, and commercial development of property for aviation-related businesses.

Martin Hadley, 1479 Ashboro Circle, S.E., Palm Bay, gave the Board a letter with a copy of FAR 91.130, and stated letters were written and faxes sent, and the phones are still ringing; and documentation will be presented to indicate and destiny of Valkaria Airport. He stated the County, State and Federal government or private individual will operate the Airport as an airport; in September, 1994, the Valkaria Aviation Association (VAA) was formed to promote the deliberate responsible growth of Valkaria Airport; and they dedicated themselves to educate those who sought information and enlightenment concerning aviation. He stated in an effort to be good neighbors in the community, the VAA adopted a mile and a half of Valkaria Road for the Keep Brevard Beautiful Program; they collected over 50 bags of trash and retrieved 50 tires from Goat Creek adjacent to Valkaria Road; and June 10, 1995 was acknowledged by the Board as International Young Eagles Day. He noted they flew 154 individuals on that day, 132 of which were self declared first time flyers in a private aircraft; and Mr. Wimpee's son was a participant in the program. Mr. Hadley advised they publicly announce Valkaria Airport Advisory Board meetings at various homeowners meetings; and they are willing to police their own and assist in the paper work involved when an aviation-related violation can be documented. He stated VAA would like VARIA to participate and not litigate, develop not delete assets and attributes of the Airport, and responsibly construct not obstruct the fate of the Airport; but most of all, they would encourage VARIA to thoroughly research their facts, document them, and present them in an appropriate form to establish and forward their goals. He stated FAR 91.139 states, "experimental aircraft are prohibited from flying at night unless otherwise specified by the administrator"; and described a limitation statement ordered by Linn Walters, noting

Item 4 says, "unless appropriately equipped for night and/or instrument flight, this aircraft must be operated day BFR only"; that means if they have lights on their airplanes, they can fly at night; so for VARIA to state they are prohibited from flying at night is a gross-misrepresentation of the facts. Mr. Hadley stated he will take any paragraph of the information provided by VARIA and provide documentation to show the Board it is either a mis-truth, misrepresentation, or gross inaccuracy of the facts. He stated they want VARIA to be an active member in the community; they encourage VARIA to be an active member; but all they wish to do is obstruct and delay the inevitable.

Mark Cannon, 710 Spring Lake Drive, Melbourne, advised he owns and operates the fixed base operation at Valkaria Airport, providing fuel, oil, and other services to both transient and local pilots since November, 1993 under the terms of a lease with Brevard County; it is not and cannot be a monopoly as incorrectly stated in a recent VARIA mailing; he does not have time to counter all the issued raised by VARIA, but every issue was based on grossly incorrect data. He stated VARIA cannot get the time and date of the Airport Advisory Board meetings correct, let along the more in-depth complex issues associated with airport operations and improvements; a few members of the VARIA Board have consistently put out inflammatory rhetoric based on distortions, half truths, and outright lies with regard to Valkaria Airport; they vow to close the Airport; and their tactics are to obstruct and delay the Airport improvement process, which they have been successful in accomplishing. Mr. Cannon advised the Airport is part of the National Air Transportation System entrusted to the County by the federal government for operation, maintenance, and improvements; it is similar to the inland waterway, I-95, and U.S. 1 which provide transportation through the County and are funded in whole or in part by the federal government; and 90 to 95% of the funding for improvements at Valkaria Airport comes from the General Aviation Fuel Taxes, the user fee paid by the aviation community. He stated Cannon Aviation has paid thousands of dollars in user taxes this year alone; there are billions of dollars in the Aviation Trust Fund at this time; it is the responsibility of local government to get its fair share of taxes paid into those accounts by the aviation users to benefit the local population both aviation and non-aviation; and the Airport provides benefits to a much larger group than just the local pilots. Mr. Cannon advised non-aviation families in the area benefit as friends and loved ones fly in to visit them; youth of the County benefit by events such as the Young Eagles Day where in excess of 150 people were introduced to aviation; and it is interesting to note pilots at Valkaria Airport flew almost twice as many people on Young Eagles Day as any other Airport in the County, attesting to Valkaria's popularity and convenience. He stated people who have a need for donated medical transportation benefits can take advantage of free transportation provided by Angel Flight of Florida, a nonprofit organization with pilot members based at Valkaria, flying needy patients to Atlanta, Gainesville, Tampa, and other destinations for medical treatment not locally available; so clearly the Airport benefits a large population far in excess of the 23 pilots that VARIA has published as the case. He stated he is not qualified to quantify the economic benefits to the County of an airport such as Valkaria, but it is significant and will become more so if basic maintenance is accomplished and improvements are made; and those benefits will more than compensate the County for the 5 to 10% investment of local funds earned by the Airport. He requested the Board not support the irresponsible position of VARIA and support and accelerate airport maintenance and improvement projects at Valkaria Airport.

Mark Scurrah, 1198 Bay Drive, Indian Harbour Beach, Chairperson of Valkaria Airport Advisory Board, advised the Airport needed about $107,000 of General Funds in 1990; in 1991, it was reduced to $88,000; in 1992, it dropped to $83,000; in 1993, it dropped to $65,000; in 1994 it reduced to $12,000; and now they are at zero, and have reached their objective to be self-supporting. He stated the projects the VAA Board has in mind benefit the Airport because it is there for pilots like a golf course is there for golfers and tennis courts for tennis players; they are willing to do their job as spelled out in the County Ordinance which states that the Board will be responsible for the expansion of the Airport; however, expansion mostly means maintenance and making the Airport usable for small aircraft in a safe manner. He stated the bottom line of the Advisory Board's decisions is what is good for pilots just as the bottom line in education is what is good for the children; however, they recognize the importance of being sensitive to the neighbors, and Chairman Higgs helped them do that. He stated they invited the neighbors to the meetings; they discussed issues with the VAA Board on the operational plan; they had representation at three different workshops; and he resents the fact that they are being preempted by a plan they have not even seen, and have finished. He inquired how could the Board respond when it does not have a plan from the VAA Board. Mr. Scurrah advised he talked to Carol Senne and Gary Ridenour and previous people involved in the beginning of this Airport; they gave him information that FAA needs the small airports because it cannot afford to build any more of them; it needs them to keep small planes away from the big planes; anyone on a commercial airline coming into Melbourne would not want to be tripped up by a student pilot; so they belong at Valkaria, Titusville, and Merritt Island. He stated it is unsafe to have small plane operators at main airports; and that is why the periphery airports are so important.

Bob Varley, 2323 Valkaria Road, Valkaria, advised he serve on the VAA Board for two years which was an eye-opening experience; and he felt he was on the fringes of what he calls the good ole' boy aviators club with the fervor of an NRA meeting regarding aviators' rights to fly wherever, whenever,

and however they want to and the public be damned. He stated some of the issues involved in his two years provided opportunities for the VAA Board to show consideration for the community and environment; it is an environmentally-sensitive area in addition to being residential; they have scrub jay habitat, wetlands, water recharge areas, and protected plant and animal life species; and on the north side of the Airport is a privately-owned section which the County is in the process of entering into a legal situation. He stated the owners would like to use the property for commercial development, as property at the end of the runway cannot be used for residential; so they are afraid commercial expansion at the Airport will spill onto Valkaria Road initially through the Buehler Estate property. Mr. Varley advised many issues had 6 to 1 votes on the Board he was on which addressed landing lights, limited hours of operation which he felt would be a good compromise to prevent early morning and late evening operations, and protection of the natural buffer. He noted there is a very dense vegetation buffer that shields the Airport from the road which is gradually eroding through zoning and construction activity; two years ago, in the name of safety, they had to remove 200 pine trees in excess of 60 feet tall; and the VAA Board cannot be convinced to engage in re-vegetation programs. He advised for years they heard it was difficult to enforce the FAA regulations, and those who complained were crazy because things were not happening; and the Board has shown a disdain for the community's wishes and total disregard for the natural environment. He stated they were active in the planning and wrote their own version of the plan; they did a survey in the community at their own expense, collected the data, structured a plan around that, and attended a workshop, so they have been involved; however, they have been shoved in a corner and ignored.

Joseph Pivowar, 3725 Valkaria Road, Valkaria, advised he has been involved in the Airport since 1980 and wrote several plans for development of Valkaria Airport; he devoted thousands of hours of his time trying to work with different County staffs, advisory boards, and Commissioners on compatible development of the Airport. He stated their goal has been simple, that if the Airport is there, make it compatible with the rural community and keep the cost to the residents at a minimum. He stated there have been significant accomplishments that meet the intent of the Deed restrictions and aviation requirements; presently Brevard County resurfaced a primary runway, has a resident FBO, Airport Manager, and low rental T-hangers; and all they asked for is to be included in the planning process, have pilots follow their own safety regulations, and have any issues completely explored. He stated when the Board refers to staff, for the most part it will get a quick fix answer; every issue needs to be explored; and he has done that for over 15 years that he has been involved with the Airport. Mr. Pivowar advised today they are put in the position of accepting an aggressive plan, living with unsafe pilots after hours and on weekends, and being short-changed on any suggestions they make; the plan that will be presented to the Board will not only cost everyone, but will make a private playground for a chosen few; in the end anyone who will benefit from it will not have to live with the daily consequences of their actions; and the residents will be left with the day-to-day risks, destructions, and costs. He stated the community has heard the Habitat Golf Course is losing money, but no one acknowledged that the Habitat lease fees have continually and significantly contributed to the Airport budget or that about $2000,000 was taken from the Habitat's budget for other golf courses; golfers have paid for the Habitat and the Airport; there are no landing fees and no parking fees; there is nothing in the plan to reflect any increases in hangar fees if the improvements are put in; and the Airport is close to a no-cost or balanced budget, especially with the plans to alleviate stormwater assessments. Mr. Pivowar advised Valkaria is one of hundreds of airports throughout Florida; it lies ten miles north of Sebastian and ten miles south of Melbourne; and inquired if an airport is needed every ten miles. He stated many residents moved there when the Airport was designated a park under the Parks and Recreation Department; enough money has been spent on private aviation for the few; and he would like the Board to offer them the time to research and pursue continued cost effective options for the Airport. He stated people feel tax dollars can be better spent for education, roads, and recreation; residents have committed their time and offered their services; what they feel are valid suggestions have not been heard; the intents are met and the budget is close to balance; so there is no need to escalate development. He stated the world is changing; the restrictions are archaic; and the need for expansion of the Airport is not there.

Lisa McKasty, 3730 Third Avenue, Valkaria, advised a few days ago a plan was so low her husband called the Airport and spike to Mr. Henderson and complained about the safety; Mr. Henderson called him back the next time the guy took off and asked if it was better; her husband said it was a lot safer that time; and Mr. Henderson said it was a student pilot and that is why it happened. She stated 45 minutes before coming to the meeting another plane zoomed over her house; the activities at the Airport routinely endanger their lives at the east end of Runway 9/27; and the flight of the four- engine C-123 for the Dumbo Drop was the worst of all. She stated Mr. Henderson signed the agreement with Disney to lease the Airport to the film company and represented himself as having the authority to do so without formal approval from the County legal staff. She told a story about her mother who was recovering from a serious heart attack and son who was strapped in his high chair on the screened porch being frightened by the C-123 which was so low it almost hit her home and made her think they were all going to die, and about her calls to 011, the Airport and FAA which were unsuccessful. Ms. McKasty advised the Sheriff's Office replied from the 911 call and told her Disney was filming a movie; they did not know about that; three days later, Mr. Henderson told them the plane had two engines not four, and she did not know what she was talking about; and she told him her neighbor took a picture of it. She stated later she found out golfers were running for their lives of the golf course, and there were animal and livestock stampedes; but most disturbing is her son, who was never phased by noise, now screams and covers his ears, cries, runs, falls, and hurts himself every time the plan takes off; and she has to deal with that on a daily basis. She stated she is concerned about the safety of her family because they have to live behind Runway 9/27.

Gary Estes, 3890 Laurens Avenue, Valkaria, advised he owns an aircraft that he keeps at Valkaria; this discussion is premature, and the facts on both sides have been grossly in error. He stated some said they do not pay parking fees; and if that is true, he would like to have a refund of his parking fees. He stated he is against closing of the Airport, but not against working with the residents to resolve the problems, primarily with Runway 9/27; he is a professional pilot and flies for a living; he uses Valkaria Airport to do his recurrency training and to fly to Melbourne; so he does not want to see it closed.

Bill Radencic, 2900 Rocky Point Road, Malabar, advised of numerous meetings on Valkaria Airport while serving on the Town Council of Malabar, with Palm Bay, Barefoot Bay, and people in the community, to come to the conclusion that the Airport has been there. He stated on the west side of Valkaria Road is a beautiful tract of land that the environmentalists love and what they had proposed after so many years of arguing and discussions is that it will be a beautiful addition to the whole South Brevard community. He stated the County built a golf course which is fine; and it will have acreage that will serve the beach area when a river crossing at Malabar Road or Valkaria Road is constructed in the future. Mr. Radencic stated Mr. Pivowar's ideas should be listened to; doing away with the Airport cannot be accomplished; FAA would not allow the County to do that; Mr. Pivowar and he are willing to help in guidance of this, because he heard remarks made today that are in dispute. He stated he does know the validity of those remarks or how true they are, but the Board should not take action on any plan until it has serious heads together and decides what to do; he would prefer the Board take the funds and use them for SR 520 and U.S. 192 where they will serve the people; but he is willing to help the Board with this situation.

Jim Saldini, 221 Interchange Drive S.E., Palm Bay, advised everyone who is concerned about this, including the homeowners, knows the Airport cannot be closed; it can be changed from one level of government to the next; but saying close the Airport, hoping to cause a delay in the action while the Board considers if that is the proper thing to do or not, is really waste of everyone's time. He stated what they are talking about is should local government or a higher level of government c the Airport; his personal preference is local government because it is in a better position to serve the community; and the higher it is pushed up, the less people are going to be served. Mr. Saldini advised each side has points and needs the Board's help in resolving those; if the Board asks for te facts and gets them, it should be easy to make a decision; and what it should avoid is any delay tactics because that is the best the homeowner can hope for. He noted asking to close the Airport is a delay tactic; they hope the Board will put it under study and freeze all funds until the study is completed; so the Board should tell each side to knock off the nonsense and deal with the facts and make a quick decision.

Arthur Irvine, 2301 Oaklyn Street, N.E., Palm Bay, advised he is an aviation enthusiast, rents space at Valkaria Airport, and his attitude about aviation is that he loves the sound of airplanes. He stated it is not noise, it is music; he loves to see them fly whether they are coming low into the Airport, over the Airport, taking off, or coming in; and he lives to see the Shuttle fly and is continually amazed at what they are able to get into the air and keep in the air. He stated Brevard County is a unique County; it is the gateway to space; one of the major installations of NASA is the Space Center; it has Canaveral Air Force Station; and this County of all counties should be supporting aeronautics. He note this war between residents surrounding airports and the airports probably began in the Kitty Hawk days when Orville and Wilbur cranked up the first engine; it will continue to go on; but this is a nation full of aircraft and airports and has the most free and accessible aviation system in the entire world. Mr. Irvine stated through the Aviation Trust Fund, which is paid for entirely by people who use the aviation system not by County taxpayers, they have a system that works and will continue to work; but they have to keep the airports open unless there is an important overriding reason to close them. He stated what the Board is hearing is ditto of what has been heard across the country ever since Orville and Wilbur started flying.

Curt Lorenc, P. O. Box 1138, Valkaria, advised they have severe noise and safety problems; and the residents do not want their properties devalued by an ever-expanding Airport. He stated a lot o things have not been presented; the FDOT Plan is for the Airport to be upgraded for general utility purposes; that will allow jet-powered aircraft, turbo props, and turbo fans; there is a proposal for night lights which is a concern to the residents; and the safety issue is also very important. He stated the pilots told the Board about Young Eagles Day and the hard work they did in taking young people up for rides in aircraft; however, what they did not say was they almost had a crash; there have been other problems where they had aerobatics over homes; and the C-1234 caused chaos. He requested the Board allow VARIA, at another time, to present a video tape and a safety consultant report on Valkaria Airport; and noted it will take about ten minutes and is interesting and very informative. Commissioner Ellis inquired why they did not bring it today since everyone is here; with Mr. Lorenc responding he did not know if they could present it today. Chairman Higgs inquired if it is a tape VARIA did; with Mr. Lorenc responding yes. Chairman Higgs suggested sending it to each Commissioner to review individually; and noted there will be other opportunities for hearing this issue. Mr. Lorenc advised Florida Statues recognizes a violation of FAA law as a Class C felony; the Board should be aware of the violations that go on at the Airport which make the County an accessory to the fact; and he would like to present it publicly if the Board will let him. Chairman Higgs advised Mr. Lorenc can make that request as this item will be on the Agenda again.

MaryJo Faden, 3750 Ponderosa Road, Valkaria, advised she lives two miles from the Airport directly in line with Runway 9/27; the area residents have been provided with a phone number they can call and report low-flying planes or experimental planes, both of which come over her house frequently; she has used that number; and the las time she called she was told she was in a landing zone and the planes do not have to stay 1,000 feet above her house. She stated she asked how high they have to be and was told it was up to the pilot to decide what was safe. She stated she attended Airport Advisory Board meetings and a lot of what she hears was for the safety of the pilots; she does not mind the Airport being there, and is for the safety of the pilots, but she does not see the need for Runway 9/27; and her biggest concern is the safety of the residents. Ms. Faden stated a lot more can be done for their community; the children do not have a park; Valkaria Road is used by several cyclers and there are not bikepaths; Pence trucks go up and down that road presenting dangerous situations; so if more money is allocated to their area, she would like to see it go to development and betterment of the community which is not only residential, but also agricultural. She stated they moved there for the quiet; and she is not against the Airport, but she is against expansion, the lights, touch and go landings that happen over her house on a daily basis, and unsafe flying practices.

Janis Walters, P. O. Box 1138, Malabar, advised Linn Walters said the Master Plan was prepared to see what can fit on the property at Valkaria Airport; the fact that it can fit does not necessarily make it good for the property; and she saw a letter from former Congressman Bill Nelson which mentioned some activity on the Master Plan prepared in 1986 and said, "Major change occurring at Valkaria Airport last year was the closing of Runway 4/22 and activation of Runway 9/27. The change in runway use at Valkaria Airport was a local decision that was made through the Master Plan process"; so a master plan does have an impact on the area and is not an exercise to be taken lightly. She stated an environmental finding of no significant impact regarding closure and activation of runways was completed in May, 1987; it was nice that the birds, frogs, and turtles were considered, but not one seemed to be considering what is happening to the people who live under the runways; and no one has complained about activity on Runway 14/32 because it does not pass over anyone's home. Ms. Walters stated she looked through a publication from FDOT and FAA on specifications and descriptions of all airports; and except for the regional airports and those providing commercial service, they have one runway; and there is nothing wrong with a one-runway airport, especially when they have ten choices of runways if conditions do not favor the one they want to land at. She stated they are grown people; they have to make responsible decisions; they are flying machinery over people's heads; if they have to make a choice to go to another runway, they have to make that choice; meanwhile every day people are scared to death about what is going to happen to them. She noted the County published a brochure saying that pattern altitude around Valkaria Airport is 1,000 feet, and indicated the planes that are cycling over her house are not at 1,000 feet. She stated she likes airplanes and would rather fly than take any other mode of transportation, but that does not mean she wants an airplane over her house every seven minutes at well under 1,000 feet. She stated it is annoying; most of it is from the use of Runway 9/27 even in conditions that do not necessitate the use of that runway; she understands sometimes the wind blows so strong across Runway 14/32 they cannot use it and have to use Runway 9/27; and sometimes is fine, but not every day, most of the day. Ms. Walters advised they have taken their complaints to the Airport Manager who very sweetly says there is nothing he can do; he does not know anything about aviation; and he has no authority over what the pilots are doing. She stated they have taken their complaints to the pilots who said, "prove it"; that kind of thing has gotten their backs up and is why they are here today; they did not get anywhere, and that is why they have come to the Board to ask that the pilots educate themselves in flying friendly and working with the residents instead of trying to cram stuff down their throats that they know is going to make the problem worse rather than alleviate it.

Theo Adkins, 2055 Valkaria Road, Valkaria, advised when he purchased his home and made his investments in Valkaria 18 years ago, the Airport was there; he thought it was an asset at the time; but in the last few years, it has begun to expand, and he no longer sees it as an asset. He stated the expansion is real and the Master Plan is going to extend it even more; so he is definitely against it and wanted to voice his opinion on that. He stated he does not want his property to depreciate and wants it to appreciate like everyone else who buys a home and property; and that is a serious concern with him.

Stephen Tatoul, 8 Cove Road, Melbourne Beach, member of Valkaria Airport Advisory Board and South Service Sector Parks and Recreation Advisory Board, advised he does not carry an NRA card and does not own an airplane; he does not fly an airplane and prefers to keep his feet on the ground; but his interest is in trying to maximize the value of a County asset and find better utilization of that asset. He stated there have been many activities over the years to try and improve utilization of the Airport; there is an 18-hole golf course that was made possible by land provided by the Airport; and in recent workshops attempting to develop more utilization of this asset for the community, there has been a recommendation that an additional 20-acre parcel be provided for parks and recreational use by the local community. He stated they are in desperate need of ballfields and parks; Valkaria Airport Advisory Board has been working to maximize utilization of the Airport property and find other compatible uses for the community; and they worked hard to get it self-sustaining and perhaps to provide some returns to the County in the future. Mr. Tatoul advised the safety issue referred to pilots; pilots' safety and community safety are inseparable; if a runway is closed, it minimizes the safety of pilots and causes a problem for the community as well; so it is one issue. He stated aviation is in the skies over Brevard everywhere, not just Valkaria Airport; and if Valkaria Airport goes away, aviation will not go away.

Dale Yonts, 381 Crestview Street, N.E., Palm Bay, member of the VAAB, advised he owns property in Valkaria and wants to build there in the future; he was on the Board when they approved the last Master Plan; and they tried to put a lot of things on there that they knew would not happen but might be in the future, which misled the residents and maybe the pilots as well. He stated they thought they were going to see it right away, but the VAAB was not working on a master plan, it was working on the annual operating plan to get the new board members familiar with what was going on at the Airport and understand all the issued. He stated they has pilots, FBO and homeowners representatives making presentations at workshops on the plan; they have taken no votes; they are going to sit down and actually come to terms with it and move forward; but they have had no votes yet and have done a few minor things, most of which is having workshops to understand things. Mr. Yonts stated in reviewing the numbers of flights, takeoffs, landings, etc., the percentage of wind

coverage that is required for each runway says Runway 14/32 has 2% less than what the FAA says is needed to be maximum coverage at the airport; so maybe Runway 9/27 is not needed; and if that went away, it may solve a lot of problems for the homeowners.

Chairman Higgs advised several months ago she went to the FAAB meeting where they were beginning to talk about the Master Plan; and her position was that the homeowners, the flight community, and the Board need to look at all the different possible uses of the Airport and different plans, and come to some resolution. She stated within the two and a half years she has been on the Board, there has been a constant discourse about the state of the Airport and a conflict between the aviation community and the homeowners; this Board will look at the master plan as it comes forward from the VAAB and will make decision about what that plan will be in about six to eight months; the VAAB does not have a plan and has not made a decision; so this Board has nothing to make a decision on today. She stated the conflicts can be resolved if people will open their minds and ideas and work together; in the last few years they have brought the budget down to zero contribution from the General Fund; as Mr. Pivowar said, there are ways for the Airport to be compatible with the community; and recreation uses can contribute to the community significantly. Chairman Higgs advised local control is extremely important; if the County said it would get out of the airport business, the Airport would not close; she has not seen any indications that FAA would close the Airport; and she would like to have staff come back with additional information about the closure issue and what that might mean, but she is not interested in any scenario where control of Valkaria Airport would go to anyone other than the Board of County Commissioners through the VAAB. She stated she is concerned about the issues that were brought up today and would like considerable research and solid information on the safety issues in particular; the information she has is that the County is limited in what it can do; but as the homeowners' representative, she believes the County needs to go a little further on that issue and come up with something. She reiterated the Board is not in a position to make a decision today; it has no information; it is premature; but she recognizes their concerns. She stated the communities need to work together; she is ready to work with them and try to resolve the problems; she does not want a plan that comes from the advisory board and out of community discussions to be something she dictates; that is not her job; but she will be happy to be involved and have discussions with the VARIA group, homeowners, pilots, and VAAB. Chairman Higgs stated they all have to get together and come up with a plan; the Airport can be an asset and not a liability to the community; she will not support a Valkaria international airport; and the only plan she can support is a plan that is sensitive to the people who live there and the people who use it. She stated the only issues the Board can deal with today are the safety concerns, and ask staff to give definitive information on that and on the closure issue; she recognizes that VARIA can do that research for the Board, but it needs to know that conclusively from its staff's perspective; and it is not at a point to make a decision today.

Commissioner Ellis stated he lives by Melbourne Airport, went to school at the end of one runway, and had his office at the end of a runway; but when it comes to Valkaria, there are only tow options; one is get the Deed restrictions lifted and sell it; and if that option cannot be implemented, then the Board has to maintain the Airport. He stated he took a lot of heat about selling the golf courses and Habitat was one of them; they went through the legal process of what it would take to sell the golf

courses; there was no way to sell Habitat without getting the Deed restrictions lifted from the FAA on the Airport; so he does not have a problem looking at the legal ramifications and implications to try and get the Deed restrictions lifted. He stated if that cannot be done, then the County has to maintain the Airport because it cannot have the Airport revert back to the FAA and the federal government with the golf course tied to it and carrying a couple of million dollars worth of debt. Commissioner Ellis advised the County has to control it or sell it; it cannot let the Airport deteriorate because it will end up giving it back to the FAA if it is not a usable condition; and those are the only two options it has.

Commissioner Scarborough advised when there is a board of group that has a single focus, it tends to concentrate to the exclusion of that thing and create some problems; sensitivity to run a good airport includes sensitivity to the people affected by it; and that can be anything the County deals with. He stated the Board gives a charge to a particular group and fro some reason the group feels that is its only charge; the first charge is to be part of the community and sometimes that means compromises; and it seems to be an attitude problem with certain boards, the failure to comprehend the community member concept. Commissioner Scarborough advised of problems at TiCo Airport with the cross country people and soccer people; stated a person fearful of aircraft has a right to have the Board be just as concerned about that as increasing the level of aviation activity; and it bothers him to have a board that is not sensitive to the bigger community. Commissioner Ellis stated legally there is not a whole lot of options; with Commissioner Scarborough responding he finds a sensitive attitude lacking in a lot of boards.

Chairman Higgs recommended staff research the deed restriction and safety issues expressed by the homeowners and bring a report back to the Board, then it will be in a position to get the master plan that will be recommended by the VAAB and make the decisions that need to be made. She stated if the Board wants to say to the VAAB that it reaffirms its concern that the Airport be a part of the community, it can do that; she appointed two property owners and there are a number of people on that board who are committed to that perspective; but the Board can reaffirm that the Airport is a part of the community.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct staff to research the deed restriction, closure, and safety issues, and return to the Board with information; and reaffirm that Valkaria Airport is a part of the community.

Commissioner Ellis stated it is not necessarily a part of the community because if it comes back that the Board can sell it, it will sell it; with Chairman Higgs responding it is still a part of the community and a community decision whether or not to sell it.

Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously.

Chairman Higgs instructed staff to notify Mr. Wimpee, so he can get to his people, and notify the pilots and VAAB when that report will come back on the safety and closure issues.

The meeting recessed at 4:31 p.m. and reconvened at 4:43 p.m.

Commissioner Ellis advised if the County is looking to get into affordable housing, it should not have "shalls" in the Comprehensive Plan; it is taking housing and having large parts of the acreage set aside for open space; and there is a lot of cost with that after the infrastructure is put in. He stated they are probably higher density multifamily homes, so he does not understand the point of mandating all the open space; and he would think it would be an amenity offered as a market factor and not dictated as a government factor.

Chairman Higgs inquired if the item is to amend the Comprehensive Plan; with Assistant Growth Management Director Peggy Busacca responding yes, it is to put in Policy 3.2.1. the recommended amendments reducing the requirement, but it only deals with planned unit developments (PUDs); however, the Board could choose to amend any portion of the Policy when it gets into the Comprehensive Plan, or direct staff to advertise it that way today to be available for amendment in the 95B amendment cycle.

Commissioner Cook inquired if it is increasing or decreasing the requirement; with Ms. Busacca responding it is reducing the requirement. She stated the Zoning staff has been meeting for months with representatives of various groups that work with the PUD Ordinance; they are trying to make it more flexible; and in order to implement that, they have to remove the requirements from the Comprehensive Plan. She stated specifically it says 50% of the open space requirement in a PUD no longer has to be active; that was requiring all PUD's to have golf courses; and that is not necessarily what they want to force for every PUD.

County Manager Tom Jenkins inquired if it affects the amount of open space or only changes it from active to passive; with Ms. Busacca responding Commissioner Ellis has it correct in that PUD's no longer have to have 25% of the total open space as recreation; but it does continue to require high density multifamily to have 25% of the project area as open space.

Commissioner Ellis stated it was up to 35% in some zoning categories; with Ms. Busacca responding that is correct, but staff is asking for permission to advertise and put it in the 95B cycle; and the Board could put it in as a total exclusion, or put it in and ask Parks and Recreation to do an analysis of what they think the impact would be. Commissioner Ellis suggested the whole thing be deleted.

Commissioner O'Brien advised he cannot support deleting the whole thing; not all developers are conscientious and want to build a good park, especially if they get into affordable housing; quite often they use every square inch possible based around dollars; and the Board would be looking at affordable housing communities that are trash from one block to the next without any open area. He stated requiring open space is good community planning whether it is affordable housing or not; some open space should be required; and they could keep some for passive and some for active recreational activities. Commissioner Ellis stated it does not make sense to mandate one-third of the property be left to open space if the Board is trying to do areas for affordable housing.

Commissioner Cook advised most of it should be market driven; by requiring more open space the County may be driving up the price of units; and he would like to look at reducing the requirements because they need communities that are less expensive than other units. He stated he likes the idea of not forcing every PUD in the County to have a golf course; and that is a positive step. Commissioner Ellis stated it would be more positive to strike the whole section.

Chairman Higgs stated she questions whether that would be positive for the quality of life for individuals who live there. She stated she is willing to look at the ordinance and make it flexible, but she is not sure the Board wants to pack in row houses. She stated she is willing to look at the specifics of what the staff is advocating.

Commissioner Ellis stated he does not see acreage restrictions; with Ms. Busacca responding the PUD had its own separate acreage threshold, but RU-2-30 could be put on one acre. Commissioner Ellis stated if he has RU-2-4 and only one acre, he could conceive he would have to give up one-third of that acre to open space; with Ms. Busacca responding Criteria A says it must be developments of 15 dwelling units or more; so in the case of RU-2-30, the standards would apply. Commissioner Ellis inquired if it can be amended again; with Ms. Busacca responding they are requesting permission to put it in the 95B amendment cycle so the Board can discuss how much of the Policy it wants to amend.

Commissioner Scarborough inquired if striking paragraph B where 50% of the total could be passive, is the intention to allow all of it to be passive, and could 100% be wetlands, associated uplands, wildlife habitats, etc. Ms. Busacca advised the intent is to remove it from the Comprehensive Plan so that when they get to the PUD Ordinance they have flexibility to decide what that PUD should look like. Commissioner Scarborough inquired if it would be preferable to say 100% of the total recreational open space area may be for passive and continue on that way it would be the County's discretion but at least that person knows the Board is amenable to having a place hacked out in the jungle. Ms. Busacca stated staff envisioned that the Board would have the opportunity to review the PUD recommendations in approximately October; and because this process takes such a long time, by the time it hashes out the PUD ordinance, staff could make the amendments to be consistent with that. Commissioner Scarborough inquired if it would be better to strike the whole thing or to say the whole thing can be passive; with Mr. Jenkins responding it is being moved from the Comp Plan to the PUD Ordinance. Commissioner Scarborough inquired if it would say 100% passive in the PUD ordinance; with Ms. Bussacca responding whatever the Board decides; but now staff needs permission to advertise to give the Board the opportunity to be flexible in the ordinance.

County Attorney Scott Knox advised he needs to do a legal audit on property rights legislation on the first part; and as staff goes along with some of the Comp Plan amendments, they need to be cognizant that thing is out there. Mr. Jenkins stated this is less restrictive; with Mr. Knox responding one part is and one part may not be, and that is what he is going to try and find out. Commissioner Cook stated it requires a set aside so it would be appropriate to look at that.

Chairman Higgs inquired if the County Attorney will do the legal audit at the time the Comp Plan amendment and PUD ordinance comes to the Board; with Mr. Knox responding he will do it in conjunction with staff's work up on those documents. Chairman Higgs inquired if advertising will have any consequence in that regard; with Mr. Knox responding no.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize staff to amend Policy 3.2.1 of the Recreation and Open Space Element due to the proposed modification of PUD regulations within the Zoning Code, to be considered in the 1995B Comprehensive Plan Amendment Cycle. Motion carried and ordered unanimously.

Commissioner Scarborough advised the amendment reduces the level of service; he has problem doing that without greater dialogue on the philosophy of the Board and where it is going with that; and he is not inclined to take one level of service and another and start reducing them.

Assistant Growth Management Director Peggy Busacca advised this arose during the Small Area Plan for the South Beaches; staff identified a three-pronged approach which would hopefully work so they would not have to make any additional four-laning improvements to SR A1A; one was to continue purchasing property as part of the wildlife refuge; two was down zoning to two units per acre and one unit per acre for the majority of the properties; and three was a level of service change. She stated staff brought it to the Board before, one immediately after the Small Area Plan was adopted, and then again because the Board tabled it and requested more information.

Commissioner Scarborough stated the level of service is a measure and means to prevent over-crowding of highways independent of the planing process; and it should not be tied into things and should be a separate measurement of new development outside of the long=range planning. He stated there are several different thresholds someone would have to meet; and if there are problems with the level of service, that is an independent check on development. Ms. Busacca advised when the South Beaches Small Area Plan was done, staff recognized it was somewhat unique; there is only one road in and one road out; they questioned whether they could maintain the existing level of service at buildout; and the answer was no, so they looked at reducing the densities as far as were reasonable, but that still provided more units at buildout. Commissioner Scarborough stated using level of service in conjunction with density buildout is not what he wants; philosophically he has difficulty tying those together; they should be separate issues that check development independently, and separate criteria that generates its own checks to intelligent growth; so he will not vote for it.

Chairman Higgs inquired if the level of service is not reduced, what will the County do when it hits 9,700 trips; with Commissioner Scarborough responding have a moratorium, and Commissioner Ellis stating four lane the road. Commissioner Scarborough inquired if the Board is going to be driven

to four lane, six lane, or eight lane a road, or reduce level of service, or is this a means to say there is problem with where the County is growing, or it is just something to push up and forget about when it gets to that point. Chairman Higgs indicated there is danger to changing the level of service because someone may think there is capacity on the road. Commissioner Scarborough stated until the building permit is pulled there is not vested right; there are other things they can do under the doctrine of estoppel; but until they get to a certain point, they have a right to develop. He stated just because it has a zoning classification is not an assurance under a number of things that the capacity is going to be there. Chairman Higgs inquired if Commissioner Scarborough is saying level of service C is the only acceptable level of service; with Commissioner Scarborough responding if the Board wants level of service D in the South Beaches, that is an independent decision, but to tie it into this issue is dangerous because it should be totally separate.

County Manager Tom Jenkins advised this is a unique situation in that there is a very deliberate effort to avoid widening the road. Commissioner Scarborough stated the County does not have to widen it, they just do not get building permit. Ms. Busacca advised the reason the level of services is four-tenths of a mile south of Marland Road is because in that area the road is designated as rural rather than urban; however, no one will notice the difference while driving on the road. Commissioner Scarborough inquired what is the current level of service, and can someone pull a building permit now without changing the level of service; with Ms. Busacca responding yes. Commissioner Scarborough stated there is no reason to discuss it until there is a problem.

Commissioner Ellis advised if the Board anticipates a problem at level of service C, then it needs to start moving the project into the Five-Year Work Plan with the MPO or go to level of service D. Commissioner Scarborough stated that can be discussed at a particular time when there will be problems at any levels of service in all areas of the County. Commissioner Ellis stated it should be put in the back of the Work Plan and start working through the process. Commissioner Scarborough stated there is no assurance the County will be able to fund everything it needs to fund. Commissioner Ellis stated it is a State road and would be funded by the State.

Growth Management Director Susan Hann advised it will be State and Federal funding; and the MPO is in the process of finalizing its long-range plan. She stated they have evaluated the deficiencies and needs through the year 2020, and looked at what types of projects and infrastructure will be deficient, and tried to identify ways to resolve those deficiencies; and in the case of SR A1A, lowering the level of services is one of the possible solutions to avoid having to do a more capital intensive project. She stated there are a few more of those roads; the MPO will see those this month and its August meeting; so there is some rationale to looking at lowering levels of service as a means to resolve deficiencies when there is limited resources for roadway widening.

Commissioner Cook advised the only options when the road reaches capacity is to widen it or lower the level of service. Commissioner Ellis stated the Board has to make a decision whether it is going to lower the level of service or put it in the Work Plan to start moving it towards widening. Mr. Jenkins stated the residents of Cocoa Beach made a decision to lower the level of service and not widen their road. Commissioner Ellis stated the residents of South Beaches came here when he

tried to reduce the setbacks and said they need to keep those setbacks if the road needs to be widened. He inquired if BIPPA was notified the Board was going to discuss this item today; with Ms. Busacca responding she did not notify them. Commissioner Ellis stated they cannot go to level of service D and say they are going to stay with two lanes and keep the 180-foot setbacks on that road; it is a total contradiction to the setback issue; either the County is going to stay at level of service C and keep the setbacks and move toward widening, or go to D and not widen the road and reduce the setbacks to something rational.

Commissioner Scarborough stated the Board could take all its roads and make them level of service E then it would not have as many problems. He inquired if the people of Brevard County would find that acceptable, and how long does someone want to travel through different communities and have to wait through several lights. He stated he does not enjoy heavy traffic and does not know many more than having numbers that work. He stated the Board needs to be careful and not arbitrarily drop levels of service; he is not comfortable doing it on SR A1A because it does not have a rationale; and it should come back to the Board when there is a problem. Commissioner Ellis stated when it gets to the moratorium stage, the County has to make provisions.

Chairman Higgs stated she reviewed this issue for a long time and is not sure how else to resolve it in a manner any better than lowering the level of service to D; with reluctance she will go with advertising and opening discussion on it; at some point the Board must make a decision; and it may as well make it now before its back is against the wall. She stated she will vote to move it forward and reserve her judgment until the Board votes on the Comp Plan amendment, but she is not sure there is any other practical solution to the problem and four laning is incredibly expensive.

Commissioner Ellis inquired if moving to level of service D will eliminate the need for the 180-foot setback; with Chairman Higgs responding she does not want to talk about that now. Commissioner Ellis stated it is critical because the three-pronged approach and Small Area Plan to avoid four laning did not come out during the setback discussion. He stated he will not support it unless the Board is going to have realistic setbacks in the South Beaches.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to decline granting permission to include the proposed amendment to the Traffic Circulation Element in the 1995B Comprehensive Plan Amendment Cycle. Motion carried and ordered unanimously.

Chairman Higgs advised the proposal is to enter into a contract with Dr. Dornbusch for a purchase price of $25,000, attorney's fees, etc. Planner II Todd Corwin advised Dr. Dornbusch is asking for the appraised value of the property plus additional attorneys fees and also sign relocation. He stated

the attorney's fee is approximately $8,000 and includes any possibility of lawsuits, expenses he has incurred to date by Stumpy Harris, and eliminating any possibility of business damages. Chairman Higgs inquired if there is a provision if his driveway is blocked for more than an hour the County would pay; with Mr. Corwin responding yes. Chairman Higgs stated there are four parts--(1) moving of the sign, (2) $25,000, (3) $8,000, and (4) the County would pay if his driveway is blocked more than an hour. She stated she does not find that acceptable; the issue was debated on December 13, 1994; the medians were moved, and there should have been a commitment from the landowners that they would move forward reasonably; this is not a reasonable settlement; and she will not support it.

Commissioner Ellis inquired what part is not reasonable; with Chairman Higgs responding $8,000 for attorney's fees and his requirement that if his driveway is blocked, the County would reimburse him for his loss. She inquired who is going to monitor his driveway. Commissioner Ellis stated if the County proceeds through condemnation, it will have to pay attorney's fees anyway; with Assistant Public Works Director Ron Jones responding the County has an exposure of about $40,000 if it went all the way through with condemnation including the worst case scenario with business damages; staff does not like this contract, but based on the economic analysis of the situation, staff is recommending approval due to the exposure level. Commissioner Ellis stated even best case scenario the County will be hit with at least $8,000 in legal fees; with Mr. Jones responding that is correct, but it would depend on how the verdict went.

County Attorney Scott Knox advised that is not necessarily true; there is a new legislation that is predicated upon benefit; there may be no benefit, and there may be a small benefit; so the fee may not be $8,000.

Commissioner Cook stated he finds it hard to accept; and suggested sending it back to staff to re-negotiate because the Board does not thing the attorney's fees are reasonable. He stated regarding the $100 an hour stipulation, he would like to work something out on that and come up with different numbers that the Board wants to settle on; but this proposal is not reasonable.

Commissioner Scarborough inquired if it is $25,000 plus $8,000 for a total of $33,000; with Mr. Jones responding the appraised value is $17,000, which includes the temporary construction easement, and the $8,000 brings it to $25,000. Commissioner Scarborough inquired if it includes the $1,200; with Mr. Jones responding that will have to be added. He stated in the construction contract staff would specifically require the contractor not to allow that driveway to be closed, so they do not anticipate a fiscal impact there and the $26,200 would be the total. He noted it calculates to about 150% of the appraised value.

Commissioner Ellis inquired if paragraph K would be passed on to the contractor; with Mr. Jones responding yes. Commissioner Cook inquired if that would increase the construction contract; with Mr. Jones responding on that size contract it is extremely doubtful that a $100 clause would substantially alter the bid price. Commissioner Ellis advised the rights-of-way for this project was over one million dollars; this is the smallest piece of the entire project; and inquired how much would be saved by going all the way to the bitter end in court.

Commissioner Cook stated the Board keeps getting these attorney's fees; he sees no documentation justifying that $8,000; he does not know what the expenses are; and he does not want to go to the bitter end, but wants to work out a deal. He stated if he wants to substantiate his attorney's fees; then he should bring it to the Board with documentation. Commissioner Ellis stated he does not have to substantiate them, Stumpy Harris will substantiate those fees in court. Commissioner Cook stated if Dr. Dornbusch is claiming $8,000 in attorney's fees, he would like to see confirmation of that. Commissioner Ellis stated the County has settled numerous cases for more than the appraised

value to avoid attorney's fees. Commissioner Cook inquired if there is not way he can verify the $8,000 expenditure and it is just an amount he threw in; with Commissioner Ellis responding no, but after years of negotiations, it has reached this point; if it is sent back to him, he will probably say forget it and Mr. Harris will take it from there; and inquired if that is a decision the Board wants to make and follow through on condemnation to the bitter end. He stated he could understand if hundreds of thousands of dollars were at stake, but just for a few thousand dollars it does not make sense; the best savings is a few thousand dollars; and the worst case can lose far more than that.

Commissioner O'Brien stated he agrees with Commissioner Ellis although he does not like it; it is

a cheaper deal than going through condemnation; but the doctor may be acceptable to negotiations on the issue of blocking his driveway. Commissioner Ellis stated it has to be more than two hours. County Attorney Scott Knox advised the evaluation is predicated upon a $17,000 appraised value and the maximum exposure of $40,000 including business damages; the Florida Statutes provide for one-third benefit; the benefit would be $23,000; and that is roughly $8,000 for attorney's fees which is what he would get if he won everything. Commissioner Cook inquired if what the Board is being asked to pay is something he has not done yet; with Commissioner Ellis responding he has paid money to his attorney.

Commissioner Ellis inquired how long would it take to finish condemnation; with Mr. Knox responding in a quick take, the County could get title to the property relatively quickly; it is a matter of trying the compensation issue and business damage issue; staff estimated a maximum exposure of $40,000; and he does not know what claims they could make for business damages, and whether it would be more or less than that. He stated the County would have to hire its own expert witness and CPA to analyze the business damage claim, so that will cost money also. Commissioner Ellis inquired if the Court throws out the case, would the County still have to pay Stumpy Harris; with Mr. Knox responding he would be paid 33% of the benefit, whatever that is; and if he does not get any benefit, he would not get much in the way of attorney's fees.

Chairman Higgs stated this will set a very expensive potential precedent for future road projects; the County removed the median, redesigned the road, re-permitted the project, and now is being asked to go with the appraised value, attorney's fees, and potential cost of blockage of his driveway. She stated the settlement will be extraordinarily costly for future projects; so she cannot support.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Contract for Sale and Purchase and Addendum with Walter H. Dornbusch for Malabar Road Widening, Phase I right-of-way and temporary construction easement.

Commissioner Scarborough stated there is some benefit to being done with the matter; with Chairman Higgs responding she agrees there is benefit, but recognizes the dollar amount on the parcel is not huge compared to other parcels; but the potential is huge when moving to other road projects by the kinds of dealings the County had with this person.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioners Cook and Higgs voted nay.

Commissioner O'Brien advised after reading the item, he has concerns about the money for BCC Foundation's Clear Lake Walkway Extension and Lighting; it states, "The walkway will afford attractive views of Clear Lake. It will increase awareness of Clear Lake as safe, accessible attraction for tourists in the evening and early morning hours, thereby benefiting local hoteliers, restaurants, and other local businesses;" however, there are not hotels or restaurants around Clear Lake. He read, "Two growing segments of the tourism market are eco-tourism and techno-tourism. These eco-tourists seek out locations that allow them to engage in activities such as wildlife and nature photography, walking, hiking, biking, orienteering, and exploring natural environments. The environs of Clear Lake could be an appealing location for such eco-tourists. On the northern shore the land declines to a small Florida swamp, with its sunlight, reeds, water lilies, turtles, and other natural attractions." Commissioner O'Brien stated if they have sunlight they do not need lights; it is $21,000 of TDC funds; TDC is finally falling off the far edge of reality; and he would prefer to pull that agreement out and approve all the others, and let TDC tell the Board what is great about BCC getting those funds. He stated if BCC wants to pave its sidewalk around the lake let it do that.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to execute Agreements with Town of Indialantic for $11,806 to provide beach access for Emergency Services/Environmental Agencies; City of Cocoa Beach for $2,250 to repair Young Avenue Dune Crossover; City of Melbourne for $21,512.50 to restore Pineapple Park shoreline with coquina rock; and City of Titusville for $25,000 to improve the Veterans' Memorial Pier; and refer the Agreement with BCC Foundation for Clear Lake walkway extension and lighting back to the Tourist Development Council for reconsideration. Motion carried and ordered unanimously.

Floyd Rogers, 2671 Ohio Street, Melbourne, advised this caught his attention; and when he called about it, he was told it was not to adopt a resolution but to notify the Commissioners of the receipt of a Resolution from Orange County on the 50th Anniversary of the United Nations. He stated that is not the way he is reading it; acknowledge resolution from Orange County; acknowledge means approve, support recognize, agree to/for.

Chairman Higgs advised it says acknowledge receipt. Mr. Rogers stated not it does not. Chairman Higgs stated what the Board will vote on is to acknowledge receipt. Mr. Rogers stated it is on the Consent Agenda and says resolution. He inquired if the County has foreign flags or United Nations flags purchased; and if so, who authorized it. He stated his warning to the County is that any foreign flag that is flown on the anniversary of the United Nations will be removed by him or a fellow patriot and anyone else who decides to do so; those are foreign flags; there is not reason to fly the; the United Nations is not our country; so to save the County some embarrassment, he is recommending this resolution or receipt of this resolution, the way it is worded, coming from Mr. Jenkins' Office; this when the Board acknowledges a resolution, it supports it; so the wording should be changed. He suggested the Board save the County some embarrassment because the flags will be removed; and stated that is a promise.

Commissioner Cook advised the Board acknowledges receipt of almost everything anyone sends to the County; he does not see acknowledging something as being supportive; anything Mr. Jenkins gets from any organization he puts on the Agenda to be acknowledged; and what that means is that a copy was sent to the Board for reading or information. He stated he cannot understand Mr. Rogers' argument that acknowledgment is somehow supporting; the Board is just saying it received a resolution from Orange County; and it does not mean the Board supports that resolution. Mr. Rogers stated the Board is acknowledging the resolution straight out of the County Administrator's school; it is playing with words; it has two attorneys; and inquired if acknowledge means the Board supports it, approves it, recognizes it, or agrees with it. Commissioner Cook inquired if that means the Board supports the resolution; with County Attorney Scott Knox responding no, the Agenda Report states "acknowledge receipt" which means the Board received a copy of the resolution; the Agenda itself does not govern the Board's actions; but what is on the Agenda Report in the package is what it acts on; and that says acknowledge receipt.

Chairman Higgs stated any action the Board takes would be to acknowledge receipt saying yes it received the resolution and nothing more. Mr. Rogers stated it should say forwarded to each Commissioner for information; and inquired why does the Board have to go through the document that says resolution on the top and put on the Consent Agenda; with Commissioner Cook responding the Board can make a motion acknowledging that it was sent to each Commissioner for information.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to acknowledge receipt of Resolution from Orange County in celebration of the 50th Anniversary of the United Nations and requesting the Board join it and other counties by participating in certain activities, which was sent to each Commissioner for information. Motion carried and ordered unanimously.

County Manager Tom Jenkins advised staff has not purchased any foreign flags or United Nations flags.

Motion by Commissioner O'Brien to send a letter to Orange County saying thank you, but no thank you. Motion died for lack of a second.

Commissioner Ellis stated he drafted a resolution to Orange County.

Commissioner Scarborough stated there is no reason why resolutions from any county have to be put on the Agenda; there is enough paper work and the Agenda is long enough now; and if a Commissioner sees a position a county has taken and wants to support that position, then the Commissioner can do it.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to not acknowledge documents from other organizations in the future unless put on the Agenda by a County Commissioner. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, to send Commissioner Ellis' resolution to Orange County.

Commissioner Cook advised he rewrote the resolution with some deletions and additions. Commissioner Scarborough stated the Board has more important things to do. Commissioner Ellis stated if Orange County purview what they sent, then this Board needs to send them something back. Chairman Higgs stated the Board does not need to send anything back, because it got the resolution and has not acted on it other than to acknowledge that it was received. Commissioner Ellis stated they asked for a resolution so he wrote one to send to them. Chairman Higgs stated she does not care what they asked for, the Board is not going to do anything, so it should move on.

Commissioner Scarborough stated it is not within this Board's purview whether the United States funds the United Nations or not; if someone is interested in that, he or she should run for Congress; the Board does not have enough time to get through its Agenda and has been criticized for having long meetings; and now it is talking about the benefits of having the United Nations. He stated it is a very complex subject and to pretend it is doing something is really acting stupid. Commissioner Ellis stated he did not put the item on the Agenda, Orange County did; and he wants to send a reply. Commissioner Scarborough stated he will not vote on that because it is not within the Board's purview. Commissioner Ellis stated it is a much in its purview as that of Orange County. Commissioner Scarborough stated he will not vote on that because it is not within the Board's purview. Commissioner Ellis stated it is as much in its purview as that of Orange County. Commissioner Scarborough stated because Orange County erred does not mean he has to err.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution prepared

by Commissioner Ellis and send it to Orange County.

Chairman Higgs called for a vote on the motion. Motion did not carry; Commissioners O'Brien and Ellis voted aye and Commissioners Scarborough, Cook and Higgs voted nay.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt amended Resolution adding "and the pursuit of happiness" after "liberty," deleting the fifth, sixth, and seventh "whereas clauses", and stopping after "Constitution of the United States;" and send it to Orange County.

Commissioner Scarborough stated he will not support it because it could become an open forum to discuss things about the United Nations such as its role in Bosnia and its relationship with NATO; it is immensely complex; and this is not the place to discuss it. Chairman Higgs stated there is no reason to send a resolution to Orange County even though the amended resolution is not offensive.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioners Scarborough and Higgs voted nay.

Commissioner Ellis advised this has Code Enforcement enforcing the Bingo Ordinance; he thought the Board was trying to get away from having Code Enforcement do police type investigations; on the Bingo Ordinance, Rockledge and Satellite Beach are opting out; and in Melbourne they are still playing games with two sessions a night; so the Board passed the Ordinance but nobody seems to be interested. He stated it should be something for the Sheriff and not Code Enforcement. He inquired if the Board could put a Code Enforcement Officer to be like a detective and monitor what is going on in bingo halls; with County Attorney Scott Knox responding it probably could and they could issue notice of violation and go through all the normal Code Enforcement procedures. Commissioner Ellis inquired if it would be the role of the Sheriff's Department rather than Code Enforcement; with Mr. Knox responding he prepared the resolution in its current form because the Sheriff and Code Compliance and various other departments affected by it sat around the table and decided this is the way they wanted to do it; but it is up to the Board to make that decision.

Commissioner Cook inquired if Code Enforcement would enforce it with current staff; with County Manager Tom Jenkins responding yes, and inquired if it is a civil or criminal matter and would it have an effect; with Mr. Knox responding it is an Ordinance violation; some can overlap with the criminal statute which is a State law; so to some extent, if it is a severe violation of the State law, the Sheriff could become involved; and that is why he is mentioned in the resolution. He stated it depends on what is going on. Mr. Jenkins stated Code Enforcement should not be doing anything more than enforcement of a civil code and nothing to do with the criminal code.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution designating Code Compliance Department as the entity responsible for enforcing Ordinance No. 95-25, the Brevard County Bingo Ordinance; and authorizing the Sheriff to conduct background checks, assist in investigations, and provide enforcement services in connection with serious violations where the Bingo Ordinance forfeiture proceedings may be invoked. Motion carried and ordered; Commissioner Ellis voted nay.

Commissioner O'Brien advised this is about installing fill and appropriate sidewalk landscaping at the Justice Center for the offsite parking and seeing that the Board turned down the Public Defender's building and it should not subscribe to building the impervious parking lot because there is not need for it.

Commissioner Ellis stated he does not disagree; there was a waiver for the number of parking spaces; he did not vote to deny the waiver and thought the Board should have given them a waiver; and because the waiver was not granted they need more spots. He inquired if it would be proper to revisit the parking lot waiver if the Board does not want to spend the money on additional spots.

Chairman Higgs advised the parking spaces were predicted on the same number that would be needed for a shopping center. Facilities Construction Director Joseph Vislay responded that is correct, but there still is work that has to occur such as grading and associated landscaping, etc. Chairman Higgs inquired what criteria was the number of parking spaces based on; with Mr. Vislay responding the Ordinance that required 250 square feet for parking spaces in a commercial area. Chairman Higgs stated so they based the number of parking spaces for the Justice Center on a shopping center. Mr. Vislay stated there is no specific classification for GML.

Commissioner Ellis inquired if the Board granted the waiver, would they still need the money; with Mr. Vislay responding they would have been able to incorporate that into the design early on and it would have been included in the guaranteed maximum price; however, they still would have the expense associated with grading and changes to the drainage system, curbing, etc.

Motion by Commissioner O'Brien, to waive the parking criteria.

Chairman Higgs stated she is not sure the Board can do that without it being advertised; and asked the County Attorney for advise. Mr. Knox stated he is not sure of the answer and would have to look that up.

Motion by Commissioner O'Brien, to not expand the parking nor approve the Change Order.

Commissioner Scarborough recommended tabling the item until the Attorney comes back with the information. Commissioner O'Brien stated it comes back to the Board again and again and again. Chairman Higgs suggested answering the question on the waiver first, and inquired if a waiver was granted tonight would that eliminate the cost; with Mr. Vislay responding no, they would still have to spend $18,000 associated with some other grading. He stated the documents that were created when they guaranteed the price did not include this item, so they need to spend a minimum, the $18,000. He noted they could go with a phased installation but the expense would be the same.

Commissioner Cook inquired why would the $18,000 have to be spent regardless of what the Board does; with Mr. Vislay responding they have to bring the construction manager's contract up to speed with the level of detail of the document; that information was not available; so he has to do grading and site work that is associated with the project. Chairman Higgs inquired if it would save the difference between $43,000 and $18,000; with Mr. Vislay responding yes. Mr. Jenkins recommended delaying the item to the next meeting.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table Change Order No. 6 with Brown and Root Building Company to provide fill and associated site work and landscaping to accommodate future installation of impervious parking areas for Harry T. and Harriette V. Moore Justice Center until August 8, 1995. Motion carried and ordered unanimously.

Chairman Higgs advised the Contract with United of Omaha Life Insurance Company was given to her to sign and she noticed it was approved on April 19, 1988; so she did not feel comfortable signing it and gave it to the County Attorney to make sure she could sign it for the current Board.

Commissioner Cook stated his concern is that it was a previous Board action but he is not fully familiar with the project, and did not understand why this Board had to ratify the action of a previous Board. He stated he can acknowledge that it was a previous Board action, but if it requires this Board to reassess what that Board did then, he would like to do that; but he does not feel comfortable ratifying something like this.

Chairman Higgs stated she did not feel comfortable signing it and that is why she brought it back; Malabar Road rights-of-way acquisitions are all being done under similar authorization; and they are proceeding with the project.

Commissioner Cook stated he does not feel comfortable with the terminology of ratifying a Board action that has taken place; if this Board wants to re-examine where it wants to go with this, then it should be put on the Agenda and have a new vote on it; but he does not know how far down the road the project is. Commissioner Ellis stated it is for a temporary construction easement, and the County is not buying the property.

Commissioner Cook stated his concern is the terminology of ratifying a previous Board action; and he would rather acknowledge the fact that the action took place. Chairman Higgs stated if the Board wants to acknowledge it and authorize her to sign it that would be fine. Commissioner Cook stated the contract was apparently authorized by a previous Board; two sections were x'd out regarding toxic waste and indemnifying the County against liabilities, damages, etc.; and when he inquired about those sections being blocked out, he was told the seller wanted that. He stated he is not comfortable with those sections being deleted because they are there to protect the County. Chairman Higgs stated it is an easement and not a purchase so it may not be relevant. Commissioner Cook stated the answer he got was that the seller requested it; and he does not have enough information to know why those things are being deleted from the contract. Commissioner Ellis stated it is being deleted from almost every contract to purchase right-of-way. Commissioner Cook requested the County Attorney assure the Board there is no exposure on that.

County Attorney Scott Knox advised it is a continuing problem with negotiating contracts; the reason the language was put in there is so the County does not have exposure; typically the property owners who have lawyers representing them get very upset about that language and try to delete it; but as a practical matter, it may not make any difference under the current laws. He stated it puts them on notice that if they have a problem under the current laws, the chain of ownership is liable when the problems come up; so it may not make a difference if it is deleted.

Commissioner cook stated he wants to acknowledge the fact for the Board's information that this was a previous Board's action and it is a problem on other contracts; but the Board may want to stand firm on that and protect the County. Commissioner Ellis stated what would happen is they will go to court for condemnation and that clause would not be effective. Commissioner Cook stated it gives him concern that it gives the County a larger exposure.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to acknowledge receipt of the Contract for Sale and Purchase with United Of Omaha Life Insurance Company for Malabar Road temporary construction easement as approved by a previous Board on April 19, 1988, for information purposes. Motion carried and ordered unanimously.

Chairman Higgs inquired if the motion means it is okay to sign the Contract; with Mr. Knox responding yes.

Commissioner Cook advised the Agenda Report gave a number of options, but it was on the Consent Agenda and did not delineate what option the Board would go with.

Management Services Director Michael Managan advised staff is recommending Option 1.

Motion By Commissioner Cook, seconded by Commissioner O'Brien, to authorize contracting to correct deficiencies in sliding glass doors and storefront glazing at Space Coast Stadium by installation of one layer of 11 mil clear security film to the interior of the existing fixed and sliding glass doors at the third and fourth levels, including removal of existing film and cleanup. Motion carried and ordered unanimously.

Commissioner Cook advised on page 18, Holland and Knight's analysis of the COP expenditures were charged at $185 and hour; and inquired if that is the standard rate. County Attorney Scott Knox advised that is the rate they have been charging and were on board before this time.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct the County Attorney to re-negotiate the rate for bond counsel with Holland & Knight. Motion carried and ordered unanimously.

Commissioner Cook advised page 84 shows travel to Melbourne and back at $95.00 an hour for nine hours; and inquired if the County is paying the full rate even in travel time. He stated trial and expenses from December 6 to December 8, 1995 charged $3,500, technical assistance was $2,500, and assistant attorney charged $1,000; the Board previously mentioned the exorbitance of expert witness fees, etc.; and he would like to see a breakdown of the fees and not just a flat rate of $3,500, $2,500, and $1,000.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct the County Attorney to find out what the flat fees are for and if the County is paying the full rate for travel time. Motion carried and ordered unanimously.

Commissioner O'Brien stated there is a $6,600 charge from January 1 and on May 2 account summary is the same charge for the same dates and same person shown on page 85.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to remove pages 84 and 85 from the bill folder. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve bills and budget transfers except for pages 84 and 85. Motion carried and ordered unanimously.

Commissioners drew for category of appointments as follows:

District 1: Homeowner and Homeowner

District 2: Builder and Builder

District 3: Homeowner and Building & Construction Advisory Committee member

District 4: Septic Installer and Soil Scientist

District 5: Homeowner and Septic Installer

Commissioner Cook announced that Melissa Thorn has been an asset to his Office, and he appreciates everything she has done; she will be going to law school, and they will miss her and wish her well.

July 7-21, 1995 591337 - 593994 04 Sun Bank of Titusville N.A.

July 20, 1995 343762 - 344479 05 Sun Bank of Titusville N.A.

Upon motion and vote, the meeting adjourned at 6:03 p.m.

ATTEST:

_____________________________

NANCY N HIGGS, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

________________________

SANDY CRAWFORD, CLERK As approved by the Board on 10-24-95.

(SEAL)